The Remedies Directive was transposed into Irish law in March 2010. It was designed to bring a greater commonality amongst the EU Member States regarding aspects of Public Procurement that take place post the award of Contract.

The Remedies Directive provides guidance on how contracting authorities manage their ‘stand still’ period, areas where aggrieved suppliers can seek redress and also allows for award nullification in certain cases of serious breach of conduct.

For example it is important for you to know that unsuccessful suppliers are entitled to a full and frank explanation of the reasons why they were unsuccessful, their score in each of the Award Criteria and also the score of the winning bid in each of the Award Criteria. Essentially they need to know why they did not win and why the winners won. This is a very sensitive process both in terms of time (unsuccessful tenderers need to be informed quickly) and also in terms of compliance (unsuccessful tenderers need to be informed in a compliant and constructive manner).

The Remedies Directive is an instrument that places greater strutiny on the award decision of the contracting authority and thus you as a procurer need to have a solid reasoning behind your supplier decision. Remember that you can be challenged in the High Court and (if found wanting) several remedies can be applied that will compromise your organisations ability source solutions for your needs.