Discontinuing a public procurement process
Produced in partnership with Mr Andrew Millross of Anthony Collins Solicitors

The following Local Government practice note produced in partnership with Mr Andrew Millross of Anthony Collins Solicitors provides comprehensive and up to date legal information covering:

  • Discontinuing a public procurement process
  • Introduction
  • The discretion to discontinue
  • Extent of the discretion to discontinue
  • Limits on the discretion to discontinue
  • Discontinuing a procurement to keep the work in-house
  • Effect of discontinuing
  • Process to discontinue
  • Notification to bidders
  • Challenging a decision to discontinue
  • More...

Discontinuing a public procurement process

Introduction

A contracting authority may decide to discontinue an award procedure. This Practice Note covers:

  1. the discretion to discontinue and when the exercise of that discretion can be challenged

  2. the effect of discontinuing on previous breaches

  3. the procedural steps that an authority must take when discontinuing, and

  4. the process of challenging a decision to discontinue and the consequences of a successful challenge

The discretion to discontinue

Extent of the discretion to discontinue

In Embassy Limousines, the General Court confirmed that an authority 'is not bound to follow through to its end a procedure for awarding a contract'. The case involved a contract to provide chauffeur-driven vehicles for the European Parliament which was being procured under the open procedure. The European Parliament said that the reason they had discontinued the procedure was due to concerns that the requirement for bidders to have five years’ experience, which was in the contract notice, had not been carried across into the invitation to tender. The European Parliament had concerns over the experience of a number of the bidders, including Embassy Limousines. They therefore discontinued this procedure and awarded a temporary contract to the incumbent using the negotiated procedure without advertisement. The court confirmed that it was legitimate for the European Parliament to discontinue the procurement for this reason. They said that the European Parliament’s decision to discontinue 'because

Related documents:

Popular documents