MELETH LTD

This Practice Note examines damages as a remedy for breach of the Public Contracts Regulations 2015 (PCR 2015). A formal legal challenge may be brought by an economic operator (a candidate or a tenderer) against a contracting authority for breach of the rules in a public procurement process governed by PCR 2015. Damages may be awarded at the discretion of the court to a successful claimant, or agreed to by way of settlement in tandem with, or instead of, other remedies available to the claimant.

This Precedent has been archived and is not maintained. It is designed for public procurement exercises commenced before the Procurement Act 2023 (PA 2023) came into force. This Precedent is a holding letter to be sent by a contracting authority to a tenderer who has raised concerns about the conduct of the public procurement, pending investigation of the issues raised. It can be adapted to be used for complaints raised during the conduct of the tender process or complaints raised during the standstill period prescribed by regulation 87 of the Public Contract Regulations 2015 (PCR 2015).

This Precedent has been archived and is not maintained. It is designed for public procurement exercises commenced before the Procurement Act 2023 (PA 2023) came into force. This Precedent is a template letter for use by a contracting authority in a procurement exercise subject to the Public Contracts Regulations 2015 (PCR 2015). It informs the tenderer of the contracting authority’s provisional decision to award them the contract. The end of the letter highlights the contracting authority’s obligation to introduce a standstill period before entering into a binding contract with the successful tenderer.

This Precedent has been archived and is not maintained. It is designed for public procurement exercises commenced before the Procurement Act 2023 (PA 2023) came into force. This Precedent is a template letter for use by a contracting authority in a procurement exercise subject to the Public Contracts Regulations 2015 (PCR 2015). It informs the tenderer that it has been unsuccessful in the tender for a public contract and reveals the successful tenderer, setting out the scores and details of the successful tender. The end of the letter highlights the contracting authority’s obligation to introduce a standstill period and states when this will expire.