Tender procedures for public contracts in this country are
regulated by the Public Contracts Regulations 2006, which
implements the European Directive 2004/18. Until recently, unlike
in the rest of Europe, there have been few challenges to tender
procedures in the UK courts. However, over the last few years
disappointed tenderers have become less reluctant to take their
complaints to the courts. But has or will the credit crunch affect
this trend? And what sort of issues is the credit crunch throwing
up for procurements?
The indications so far are that the credit crunch is unlikely to
reduce the number of procurement challenges. With work thin on the
ground, the importance of winning new contracts increases. If a
tenderer is unsuccessful, contrary to its expectations, it may need
to review the reasons for failing to win the contract more
carefully than in a more buoyant market.
