Economic efficiency and legal effectiveness of review and remedies procedures for public contracts
Final study report - Study
The objective of this evaluation is to assess whether the review and remedies procedures for public procurement, revised in 2009, have been legally effective and economically efficient across the EU. This is achieved by assessing the implementation of the revised remedies procedures and analysing how they have affected the behaviour of suppliers and contracting authorities. The study uses evidence from an EU-wide review of the national review and remedies systems, surveys of stakeholders, an analysis of review cases in different Member States, and a database of contracts awarded in the... Official Journal of the EU. The revised review and remedies procedures have been used widely by suppliers to challenge procurement outcomes, although the length and outcomes of review cases vary considerably across Member States. The results of the study show stakeholders’ positive perceptions of the relevance of the remedies procedures and of their impact in improving the openness and transparency of public procurement. The cost impacts of the remedies procedures on suppliers and contracting authorities/entities are estimated to be small. Based on a sub-sample of Member States, the study provides evidence that the remedies procedures can lead to savings on procurement contracts and are overall cost-effective.