David Gollancz, partner, Field Fisher Waterhouse LLP:
The European Commission has issued a press release saying that it “recognises” the need, in response to the economic crisis, for use of the accelerated restricted procedure in public procurements. The OGC has issued its own brief Procurement Policy Note on the press release, suggesting that the accelerated procedure is available for any above-threshold restricted procedure procurement, subject to considering its suitability.
It seems a little unlikely that cutting the maximum 87 required days of delay in procurement to 30 for restricted procedure procurements only, will have a significant impact on the European economy. High value procurements are comparatively rarely conducted by the restricted procedure, while acceleration is not available in competitive dialogue and the Commission has pretty much warned us off using the negotiated procedure except in extremis. But leaving aside its efficacy, there are some questions to be asked about the legal implications of this pronouncement.