Definition
Voluntary Ex-Ante Transparency Notice(VEAT)
A notice published before a direct award to signal intent.
A Voluntary Ex-Ante Transparency (VAET) notice is a notice a public buyer publishes when it intends to award a contract without competing it through a full procurement process, typically relying on an exception such as extreme urgency or a genuine single-source situation. Publishing it starts a standstill-like period during which suppliers can object before the contract is signed.
Why buyers use a VAET notice
If a buyer awards a contract directly without VAET and it later turns out competition was legally required, the contract can potentially be declared ineffective by a court, a severe remedy. Publishing a VAET notice and observing the standstill period significantly reduces this risk, even if a challenge is later brought, because the court has more limited remedies available where VAET was properly used.
Common scenarios include extensions justified by genuine unforeseeable urgency, technical or exclusive rights reasons limiting the market to one supplier, or additional works/services that could not be separated from an existing contract without major inconvenience.
- Published when a buyer plans to award without full competition
- Starts a standstill-like period for objections before signature
- Reduces risk of a contract being declared ineffective later
- Commonly used for extreme urgency, sole-source or extension scenarios
What suppliers should do when they see one
If you believe a VAET notice is being used to bypass competition inappropriately, you generally have a short window to challenge before the contract is signed. Missing that window can severely limit your available remedies later, since the ineffectiveness remedy becomes harder to obtain once a valid VAET process has been followed. Seek legal advice promptly; this is general information, not legal advice.
Frequently asked questions
- What does a VAET notice mean for competing suppliers?
- It signals that a buyer intends to award a contract without running a competitive process and is inviting objections during a set period before signing. If you believe you should have had the chance to compete, this is your main opportunity to raise it before the contract becomes very difficult to challenge.
- How long is the standstill period after a VAET notice?
- It mirrors the standard standstill period used for competitive awards, typically measured in working days, though exact figures can vary; check the specific notice and current guidance, and act quickly given how short these periods are.
- Can a contract still be challenged after a VAET notice and standstill expire?
- It becomes significantly harder. A properly published and observed VAET notice limits the court's ability to declare the resulting contract ineffective, though other remedies such as damages may still, in principle, be available in some circumstances.
Related terms