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Challenging tender decisions
Page 48
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A NEW EU Remedies Directive comes into force in December, which should make it easier for small businesses to challenge decisions on public procurement, if their bid is unsuccessful.
Although the current system includes a process firms can use to challenge the contract award if they feel discriminated against, it is cumbersome.
The EU wants to make public selection of suppliers more transparent and contracts easier for small firms to bid for and win.
The fundamental element of most tenders is understanding exactly what is required before you submit your tender. The Forum for Private Business says: "The fundamental rule is to understand what is expected of you upfront in order to best formulate your bid."
It adds: "Talk to the organisation offering the tender to make sure you fully understand the criteria. Then, if you fail to win, think about challenging the award.
"If you are successful, you can have the contract annulled and the procurement process can he restarted, or you can become a supplier yourself and/or receive damages."
• If you want more information on the EU Remedies Directive, log on to http://biLly/K1op4 or http://bit.ly/Kiop4 hftp://bit.ly/CXFsp