Public Contracts Regulations 2015 - Regulation 98

Regulation 98 - Remedies where the contract has been entered into

This Regulation defines the remedies available to the Court after a contract has been entered into between the contracting authority and an economic operator where there was a breach of the duty owed by force of Regulations 89 and 90.

The Court is given only three different options to deal with: i) to declare the ineffectiveness of the contract; ii) to impose penalties; iii) award damages. As with Regulation 97 there is no indication here of preference or subsidiarity of some remedies above others.

For a declaration of ineffectiveness to be produced, any of the grounds for ineffectiveness set forth in Regulation 99 must be present and none of the exclusions of Regulation 100 is applicable.

In what concerns penalties, only those required by Regulation 102 can be imposed.

The Court is also able to award damages to an economic operator in consequence of the breach of Regulation 89 or 90 and eventually cumulatively to the declaration of ineffectiveness or penalties.

Finally, although paragraph 2 (d) technically limits the powers of the Court to the remedies mentioned in this Regulation, in the case of contracts tendered via a framework agreement, these are dealt by Regulations 101, 102 and 103 where specific remedies are provided for.