How Can Contractors Challenge Authorities Who Do Not Comply With The Public Procurement Rules?

Contracting authorities are under a duty to comply with the public procurement rules (where applicable). If they do not comply, Contractors have two avenues of redress.

Firstly, they may bring actions in the UK courts for damages and/or for the award decision to be set aside. However such an action is subject to the strict time limits set out in the "Alcatel" case, whereby the EU Procurement Legislation now requires a minimum mandatory standstill period of 10 clear days after notifying unsuccessful bidders and before the contract commences. In other words unsuccessful bidders must be informed of the outcome of the tenders and have the opportunity to obtain feedback prior to the contract getting underway. Notification must be provided to all unsuccessful suppliers involved in the tendering process, irrespective of the stage that they may have been deselected.