We found a match
Your institution may have access to this item. Find your institution then sign in to continue.
- Title
UNDERSTANDING THE STANDARDS OF BID PROTEST STANDING: A COMPARATIVE ANALYSIS OF BID PROTEST STANDING RIGHTS AND REQUIREMENTS ACROSS NINETY-EIGHT COUNTRIES AND THE EUROPEAN UNION.
- Authors
Hargreaves, Ian
- Abstract
Standing is a fundamental part of any legal challenge and, as such, is a fundamental aspect of bid protest and procurement challenge systems around the world. Yet the extent to which standing is conferred often differs from one country to the next, as each confers standing to different types of parties and under different circumstances. With the recent decision of the United States Court of Appeals for the Federal Circuit in Acetris Health v. United States, it is possible that standing rights and requirements in the United States will be interpreted more broadly in the near future. With Acetris Health and the United States as a backdrop, this Article will analyze standing by analyzing the specific elements that, when taken together, affect a country's overall standing regime. Additionally, this Article analyzes the considerations behind a country's implementation of standing rights and requirements. In performing this analysis, this Article will introduce the standing rights and requirements of ninety-seven other countries and the European Union, while identifying various trends and observations. This Article then endorses a potential shift in the U.S. bid protest system's interpretation of standing rights and requirements, toward a standing regime in line with Canada, the United Kingdom, and the European Union. This Article argues that this change would allow the United States to provide improved access to more parties in its protest forums.
- Subjects
UNITED Kingdom; BID protests; COMPARATIVE studies; GOVERNMENT purchasing; EUROPEAN Union
- Publication
Public Contract Law Journal, 2022, Vol 51, Issue 2, p227
- ISSN
0033-3441
- Publication type
Article