Challenging a public procurement award—procedures, remedies and time limits
Produced in partnership with Hardwicke
Challenging a public procurement award—procedures, remedies and time limits

The following Construction practice note Produced in partnership with Hardwicke provides comprehensive and up to date legal information covering:

  • Challenging a public procurement award—procedures, remedies and time limits
  • Brexit impact—public procurement
  • Introduction
  • TCC Guidance Note
  • Standstill period and contract award information
  • Challenging a procurement award and automatic suspension
  • Remedies where the contract has not yet been entered into
  • Remedies where the contract has been entered into
  • Declaration of ineffectiveness
  • Other remedies/consequences of ineffectiveness
  • More...

Brexit impact—public procurement

The UK public procurement regime derives from EU public procurement laws, and is therefore impacted by the UK’s withdrawal from the EU. For general updates on the process and preparations for Brexit, see Practice Note: Brexit timeline. For further reading on the impact of Brexit on public procurement, see Practice Note: Brexit—the implications for public procurement.

Introduction

The Public Contract Regulations 2015, SI 2015/102 (PCR 2015) implement the Public Contracts Procurement Directive (2014/24/EU) in England, Wales and Northern Ireland, which modernised the rules for the procurement of goods, services and works above certain thresholds by public authorities. They also re-enacted the relevant provisions of Directive 89/665/EEC (as amended) on remedies and review procedures for public procurement, as originally implemented by the Public Contracts (Amendment) Regulations 2009, SI 2009/2992 (now revoked).

This Practice Note focuses on the procedure under the PCR 2015. The remedies regime can be found in Part 3 of the PCR 2015, and applies to public procurement procedures commenced on or after 26 February 2015. Parts of the regime may also apply to certain contracts awarded before 26 February 2015, in cases concerning substantial modifications to such contracts.

Legal action can be taken against a contracting authority by an economic operator (ie a tenderer or potential tenderer) and breaches are actionable in the High Court by any aggrieved party who has suffered or is

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