Procurement: When should you publish a VEAT?

When should you publish a VEAT?

If you decide to use a VEAT, you should publish the VEAT in the OJEU once the decision to award a contract is made but before formally entering into the contract, so as to:

a) give industry an opportunity to raise objections if they consider that the award is illegal and / or in breach of the Regulations; and

b) provide complete protection for the procurer from a finding of ineffectiveness for failure to advertise in OJEU if the procurer has:

b (1) considered that not advertising was permitted by the Regulations;

b (2) published the VEAT in the prescribed form expressing its intention to enter into the contract, providing the prescribed information;

b (3) ensured that at least 10 days elapse between the publication of the VEAT and entering into the contract. The period begins on the day after publication, not on the day of publication itself.

Early publication of the VEAT may flush out objections before the procurer is too entrenched in the procurement.

Check with your company/organisations policies as they may impose stricter obligations than the Regulations.