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ARTICLE · 20 MAY 2008

Tender Subject - Challenging Public Tender Procedures

With new EU rules, companies are becoming keener to challenge the way public bodies choose suppliers.

United KingdomGovernment, Public Sector
Douglas McLachlan
Douglas McLachlan

With new EU rules, companies are becoming keener to challenge the way public bodies choose suppliers.

Something new is happening in the realm of EU Public Procurement.

Public bodies have long been required under EU law to put certain contracts out to public tender by advertisement in the Official Journal of the European Union. They have done so for years, in conformity (or otherwise) with the applicable procurement rules. However, even when it appeared that the rules were not being followed, few suppliers challenged a contract award decision.

Those days, it seems, are over.

Increasingly, suppliers are challenging public bodies who award contracts in breach of the rules. This is because suppliers are more aware of their rights and remedies under the rules and these have recently been beefed up. Also, Freedom of Information legislation can make more information available to an aggrieved

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