Navigation

last updated: 5th February 2015
Action Risk Solutions
EU competitions
Applicants that do not meet the selection criteria are not advised promptly

- Open to challenge if applicant believes they did meet the selection criteria

- Tender process could be delayed while complaint is dealt with

- Advise applicants that will not be invited to submit tenders promptly
Complaint received after short listing stage completed

- Delay in issuing the Invitation to Tender

- The closing date for return of submissions may have to be delayed

- The tender process may have to be stopped

- De-brief the applicant promptly

- Where there is a delay that affects the tenderers, re-schedule the closing date and time, advising all participants accordingly

- If there are grounds for the complaint it may be necessary to stop and re-run the competition

All bidders not told of recommended award decision at the same time

- Open to challenge of unfair treatment and failure to comply with the legislation

- Unsuccessful bidders not afforded opportunity to seek additional de-briefing before contract award is concluded

- Advise all participants of the proposed award decision at the same time (by email, fax or telephone call and confirm in writing) and of the proposed earliest date on which you intend concluding the contract in compliance with the mandatory standstill period requirements.
Notification of award communication does not state that it is proposed to award the contract to ‘Firm X’ on or after ‘Date’ using suitable wording - The wording of the communication may create a legally binding contract under law - Ensure the wording used in the communication gives an indication of the proposed contract award in the event that no challenges are received before a stated date (at least 10 days in the future)
Notification of award communication does not give the recipient general information relating to the proposed contract award - Many of the bidders will seek additional de-briefing to find out why they are not the proposed winner of the competition

- Provide the following information in the notification communication
   - the award criteria
   - where appropriate, the tenderer’s score
   - where appropriate, the winning tenderer’s score
   - the name of the winning tenderer
   - the reasons for the decision including the characteristics and relative advantages of the winning tenderer

EU procurements – standstill period not observed - Institution may be open to legal challenge - Ensure the mandatory standstill period of at least 10 calendar days is observed and, if requested before the end of the second working day, the required de-briefings given.
Standstill period – formal complaint received - Conclusion of the contract must be delayed until issue(s) resolved

- Seek to defend or resolve the complaint, keeping detailed records of discussions and actions

- If grounds of complaint cannot be defended, stop the award process and re-tender the requirement

     
All competitions
Complaint at short listing stage

- Delay in issuing the Invitation to Tender or Quotation

- The closing date for return of submissions will have to be delayed

- The tender process may have to be stopped

- De-brief the applicant promptly

- Where there is a delay, if necessary, re-schedule the closing date and time, advising all participants accordingly

- If there are grounds for the complaint consider stopping and re-running the competition

De-briefing not completed within defined timescales - Open to challenge under the EU rules - De-brief the applicant promptly
Purchase order details unclear - Problems with goods or services delivered - Ensure descriptions used when ordering and award contracts are clear and unambiguous
Rating:
0
Your rating: None

Comments Comments