Public procurement remedies
Produced in partnership with Deborah Ramshaw of Womble Bond Dickinson

The following Local Government practice note produced in partnership with Deborah Ramshaw of Womble Bond Dickinson provides comprehensive and up to date legal information covering:

  • Public procurement remedies
  • Standstill period and contract award information
  • Automatic suspension
  • Remedies available in a public procurement challenge
  • Declaration of ineffectiveness

Public procurement remedies

The remedies available to aggrieved bidders where a breach of the public procurement regulations or other enforceable obligations in the public procurement field is concerned are set out in Part 3 of the Public Contracts Regulations 2015 (PCR 2015).

Standstill period and contract award information

A contracting authority is required to notify all candidates and tenderers (except the tenderers which have been 'definitively excluded') of its decision to award a public contract. The notice must contain the:

  1. criteria for the contract award

  2. reasons for the decision including characteristics and relative advantages of the successful tender

  3. score(s) of the party receiving the notice

  4. name and score(s) of the successful party

  5. legal effect of the standstill period

The standstill periods are as follows:

  1. notifications to bidders sent by email or fax—ten days after the notice was sent

  2. notification to bidders sent by other means—15 days after the notice was sent, or ten days after the last notice was received

Where multiple notices are sent by different means, the standstill period ends at whichever of the above periods ends latest.

The standstill period is not required if:

  1. there is only one bidder

  2. the contract is awarded under a framework agreement

  3. the contract is awarded under a dynamic purchasing system, or

  4. there is no requirement for prior publication of a contract notice in the Find a Tender Service (FTS)

Automatic suspension

Where

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