In July of last year, in response to an appeal of a High Court decision not to lift the suspension of the award of a public contract, the Supreme Court held that the Remedies Regulations* did not give the court jurisdiction to lift the suspension of a contract award in the circumstances where an unsuccessful tenderer or candidate initiates proceedings to review the decision of a contracting authority to award a public contract. An ‘automatic suspension’ effectively applies until the High Court reaches a decision on the substantive issue.
The Remedies Regulations allow tenderers or candidates who feel that a procurement process was not carried out in an open, fair and transparent manner the option of seeking recourse from the courts.
SI 130 and 131 have been amended to give leave to contracting authorities to apply to the courts to lift the ‘automatic suspension’ and to give the High Court jurisdiction to lift an ‘automatic suspension’ should it see fit to do so.
The amending Regulations (listed below) are available under Regulations on this website and are also published on the Oireachtas website under 2015 Statutory Instruments
- S.I. No. 192/2015 – European Communities (Public Authorities Contracts) (Review Procedures) (Amendment) Regulations 2015.
- S.I. No. 193/2015 – European Communities (Award of Contracts by Utility Undertakings) (Review Procedures) (Amendment) Regulations 2015.
*SI 130 and 131 of 2010 which transpose the Remedies Directives into Irish law