1. London Dublin Belfast Procurement Law Update Edward Quigg BEng LLB MIEI MCIArb FInstCES

2. Overview  New Remedies Directive  Weightings and marking schemes  Frameworks  Correcting Errors  Sustainability

3. New Remedies Directive  Remedies Directive 2007/66/EC  To be given effect by 20 th December 2009  Harmonise standstill arrangements  Possible review procedure, which if adopted means award is frozen until outcome of review  Introduce ineffectiveness as a remedy for illegal direct awards (cancellation of contracts entered into either retrospectively or prospectively)  Think of effect on funders decisions!

4. Weightings and Marking Scheme Disclosure  Universale-Bau AG, Case C – 470/99  ATI v. ACTV Venezia et alia, Case C – 331/04  Community law does not preclude a jury from attaching specific weight to the subheadings of an award criterion, provided that that decision : -  does not alter the criteria for the award of the contract set out in the contract documents or the contract notice;  does not contain elements which, if they had been known at the time the tender was prepared, could have affected that preparation;  was not adopted on the basis of matters likely to give rise to discrimination against one of the tenderers."  McLaughlin & Harvey Nr 2  39 items to be disclosed but possibly not the 186

5. IST Framework Criteria Price / Quality Part APart B B01 Whole-Life Costs Database Cost Information Recognised industry sources Manufacturers/ suppliers IST Experience Reliable WLC Model Application of WLC at Key Stages Leadership and management of process Bench- marking of WLC affordability Continuous development B02 Target Prices B03 Price for Work Done to Date Part CPart DPart EPart F

6. Frameworks  Call Off Options  As set out fully in the framework, or,  By reopening competition between all EO’s capable of carrying out the work  Rotation  KPI  Lottery  All

8. Correcting Errors  In ITT and PQQ  Ensure right is reserved  Allow additional time  Ensure equal treatment and transparency  In Bids  Ensure right to seek correction is reserved  Have pre-defined procedure  Not fundamental issues  Ensure equal treatment

9. How to Assess Sustainability  In the Specification  Use proportionate contractual remedies, LADs or KPI matrix which has effect on amount paid  At selection stage  Can EO show capability to meet specification?  But NOT at award stage  unless essentially linked to MEAT

10. New Info Source  For  links to all legislation, cases and policy documents  Guide to Procurement obligations  An interactive Procurement Forum www.QGProcurement.com

11. Questions? Thank You

12. London Dublin Belfast