Public Procurement - Challenging Behaviour

As well as setting out the processes by which public contracts above a certain value are awarded in England, Wales and Northern Ireland, the Public Contracts Regulations 2006 also provide a mechanism by which unsuccessful bidders can appeal against the decision. After all, the costs of making a public procurement bid can be substantial. SmartLaw outlines the appeals process and looks at how it worked in one recent case.

The Public Contracts Regulations 2006 implement European directives which have as their basis four key principles: equality of treatment, mutual recognition, proportionality and transparency. Contracting authorities must be mindful of these principles or they risk procedural challenges.