New EU rules which improve access to rapid and effective review procedures for suppliers who allege that public authorities have breached procurement rules have taken effect in the UK.
The EU Remedies Directive amends the UK Public Contract Regulations and will affect all procurement contracts commenced after 20 December 2009.
The new rules aim in particular to tackle the direct illegal award of contracts and to improve the effectiveness of pre-contractual remedies.
NHS trusts that fall foul of the rules will be subject to new fines, the possibility of having contracts shortened and, where there are serious breaches of public procurement rules, having their contracts overturned.
The NHS European Office have publishing this briefing to raise awareness amongst NHS managers involved in procurement of the key changes to the rules and to highlight new provisions in the law which public authorities can use to protect themselves from challenge.
To find out more about the new rules, or to request a copy of the briefing, please contact Tracy.cook@nhsconfed.org.