Challenges to procurement decisions have become an established feature in the letting of public contracts. It is a fast moving special type of litigation which fuses public/private law, EU law with commercial litigation considerations and practices – now managed by the Technology and Construction Court guidance on public procurement claims.
Our procurement challenge team regularly acts for central and local government, housing associations and, on occasion, economic operators.
Whatever the circumstances, our early intervention can contain and prevent potential areas of challenge escalating by giving the right strategic and procedural advice. For example, we can advise on how to handle a mistake in a tender submission or advising on the permitted bounds of a clarification in order to ensure that the best possible decisions are made at the earliest available time.
Our long experience has proven that early committed, engaged and properly directed action is the optimum way of preventing proceedings being commenced or giving a challenger informed advice about how to proceed.
We have substantial experience in advising on and acting in ending contract-making suspensions, pre-action/early disclosure and confidentiality rings.
Even post-procurement, when a contract has been entered into, we can help by mitigating the risk of challenge, where an authority is considering modifying a contract during its term.
What others say
Procurement challenges
Reservations Required: Procurement Policy Note (“PPN”) 11/20
The concept of reservations was one we all became familiar with in 2020 (at a time before lockdown 3.0 was upon us and we were able to visit restaurants and Read more
Standing to bring a Procurement Challenge
In a trial of two preliminary issues in Community R4C Ltd -v- Gloucestershire County Council [2020] EWHC 1803 (TCC) the Court held that a consortium was not an Economic Operator under the Read more
Sharpe Pritchard latest news and blog
Procurement challenges
Public Procurement of Housing Works and Services – Leaseholder Consultation
We are often asked to advise public housing bodies on the procurement of works and services for the repair and maintenance of their housing stock and, in particular, on the Read more
POST BREXIT STATE AID: INTRODUCING SUBSIDY CONTROL
From 1 January 2021, the EU State aid rules no longer apply to funding and other forms of support measures granted to business by UK public authorities. In place of Read more