Introduction to Remedies
½ day 10.00 – 13.00
This course provides an overview and understanding of the Remedies that are available to suppliers who believe their rights have been breached. The Procurement Act 2023 provides for a national review system, by imposing legislation intended to ensure that rapid and effective means of redress are available to all aggrieved bidders who consider that contracts have been awarded unfairly. The course also addresses the remedies available to aggrieved suppliers before and after contract award and investigates the remedy of a ‘set aside’ of a contract. The course provides a practical summary of the issues and will enable delegates to compare their own experience of working within the law with other practitioners.
Who should attend?
This course is aimed at procurement and non-procurement professionals who are involved in regulated procurement and need to know the risks of the current law and the implications around supplier challenges.
Learning outcomes
The course provides an understanding of the basics of the Remedies that are available to suppliers if there is a breach of the Procurement Act 2023 and the regulatory framework of rules. It then moves onto the subsequent consequences that might be. The course also highlights what options contracting authorities may utilise to effectively prevent and negate the risk of supplier challenge. The course will provide an outline of the challenge process. Delegates will be provided with an update and the subsequent consequences of any new Case Law that emerges under the Procurement Act 2023, explaining the impact on the Procurement process.
Agenda
- Discuss the Procurement Act 2023 and the Regulatory framework of rules
- Discuss problems via the Procurement Act 2023 and the absence of Case Law
- Analyse supplier challenges and increase in case law
- Explain how case law affects the way we procure
- Define the rules regarding supplier notification and the standstill period
- Outline how legal challenges can arise
- Explain the different remedies available to the aggrieved bidders
- Pre-Contractual Remedies
- Post-Contractual Remedies
- Discuss the conditions for the Remedies of ‘a set-aside’
- Questions and Answers
