Taking steps to mitigate risks

There are a number if steps port can take to protect themselves against the increased risks that exist under the new EU regime.

Firstly, all staff involved in procurements should be briefed and made aware of the importance of the standstill period and the ineffectiveness remedy.

Secondly, precedent procurement documentation should be prepared that takes account of the changes.

Thirdly, consideration should be given to whether guidance to evaluation teams should be updated, so that it is easier to compile details of the characteristics of tenders for debrief purposes.

And finally, consideration should be given to whether any action needs to be taken on proposals to make direct contract awards without a call for competition in light of the new remedies, including possible contractual provisions.

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