Transforming Public Procurement - The Procurement Act - Issue 8
Issue 8 - Remedies
What are Remedies?
Remedies are an enforcement by the courts to either restore a right or punish a wrong.
The Remedies system in the new regime is based on the previous system but with a greater emphasis on pre-contractual remedies with the aim to reduce disruptions and costs at the end of the procurement process. The remedies system is there to provide the appropriate redress if a Contracting Authority breaches its obligations to comply with Parts 1 to 5, 7 and 8 of the Procurement Act 2023.
What’s changed?
There aren’t any significant changes from the current regime, and although some of the language has changed, the basis of the remedies found in the existing regime have been replicated in the Act.
Standstill period: The Act provides for a new 8-working day standstill period. This commences on the date of publication of a Contract Award Notice (or a Contract Change Notice where a voluntary standstill is being held prior to making a contract change).
Automatic Suspension: Under the Act, an automatic suspension is only available if a supplier starts a claim during the 8-day standstill period, rather than at any time up to contract signature, as was previously the case. If a supplier wishes to apply for automatic suspension, it must commence the claim before the end of the standstill period.
Interim remedies – Can be pre- or post-contractual.
Pre-Contractual Remedies: are applicable to a claim that is resolved prior to a contract being entered into. Remedies can include contract Set Aside (previously known as ineffectiveness) or damages.
Post Contractual Remedies: are applicable to a claim following the award of a contract. Remedies can include contract set side or damages.
The time limits for bringing damages claims remain the same under the Act, i.e. 30 days, but now counted from the date that the supplier knew or ought to have known of the breach.
Please note: The Cabinet Office has announced that the go live date for the Procurement Act 2023 has changed from 28th October 2024, and it will now commence on 24th February 2025.
What is the easiest way to compliant procurement?
By using the frameworks managed by Dukefield Procurement, you can ensure any procurement you wish to undertake is compliant, as we will navigate the new processes and procedures for you!
You can find out more about our frameworks: on our website
How Dukefield Procurement can help:
Dukefield Procurement’s qualified procurement professionals are on hand to provide free advice, and to support you with any questions you may have as we progress through the new legislation.
We will be publishing a series of easy-to-understand general guidance notes, backed up with webinars, presentations and learning resources. We can also offer tailor made support services for your institution to assist with both the new Procurement Act and wider procurement concerns.
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