Challenging a Public Procurement Decision
How to challenge an unlawful procurement decision by a public authority under the Procurement Act 2023 and Public Contracts Regulations 2015.
Prezentare generală
If you believe a public authority has conducted a procurement unlawfully (e.g., failed to follow proper procedures, unfairly evaluated bids, or breached transparency requirements), you may be able to bring a legal challenge. The Procurement Act 2023 (replacing the Public Contracts Regulations 2015) provides for a standstill period, mandatory debriefing, and the right to bring proceedings in the Technology and Construction Court (TCC).
Proces pas cu pas
Request a debrief
If you are an unsuccessful bidder, request a detailed debrief from the contracting authority. Under the Procurement Act 2023, authorities must provide reasons for their decision, including your scores and the characteristics of the winning bid. Analyse the debrief for any procedural errors or unfairness.
- Request the debrief in writing immediately after receiving the standstill notice
- Compare your scores with the published evaluation criteria
Send a pre-action letter
If you identify grounds for challenge, send a detailed pre-action letter to the authority within the standstill period if possible. This may cause the authority to reconsider before the contract is signed. Grounds include: breach of equal treatment, failure to follow published criteria, conflict of interest, or abnormally low tender not investigated.
- The standstill period gives you time to act — do not delay
- Specialist procurement solicitors can advise on merit quickly
Issue proceedings in the TCC
Procurement challenges must be brought in the Technology and Construction Court (TCC) within 30 days of when you knew or should have known of the breach. If you bring proceedings before the contract is signed, the court can suspend the award. After signing, remedies are typically damages only.
- The 30-day time limit is strictly enforced
- An automatic suspension applies if proceedings are issued before contract signing
Costuri
Avertismente importante
The 30-day limitation period is very short — act immediately if you suspect a breach.
Costs in procurement litigation can be substantial — consider the commercial merits carefully.
If the contract has been signed, the court can only award damages (not set aside the contract) in most cases.