Dr. Peter Trepte Barrister, London

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Presentation transcript:

Remedies Issues in relation to the Implementation of Directives 2004/17 and 2004/18 Dr. Peter Trepte Barrister, London of Counsel, Grayston & Company, Brussels Conference on Public Procurement Review & Remedies Systems Dubrovnik 24-25 May 2007

How the Issues Arise Remedies Directives adopted in 1989 and 1992 in light of existing Directives Directives of 2004 introduce new concepts In addition, development of jurisprudence

New Concepts Introduced in 2004 Framework Agreements (public sector) Competitive Dialogue E-procurement, notably reverse auctions and dynamic purchasing systems

Jurisprudence Alcatel decision requiring reasonable elapse of time between award and conclusion of contract allowing for application of remedies Introduction of standstill provisions

Framework Agreements Remedies Directives apply to contract award procedures falling within the scope of Directives cf. qualification lists; post-contract information Where is the contract under a framework?

Framework Agreements (2) Question of ‘binding contract’ single-provider framework multi-provider framework ‘Treated’ as a Contract Rules of procedure apply for all phases up to the award of contracts based on framework agreement (Art. 32(2))

Competitive Dialogue Two-stage procedure In UK, standstill notice (based on Alcatel) sent ‘as soon as possible after award decision made’ When is decision made? end of dialogue phase? appointment of preferred bidder? end of negotiations? Multiple notifications?

Dynamic Purchasing Systems Comparable to Frameworks No Initial Agreement or Contract Contract when offer accepted cf. e-catalogues