Q&As

What are the time limits and remedies available for challenging a call-off agreement under a framework agreement subject to the Public Contracts Regulations 2015? Could a successful bidder be liable in the event of a successful challenge?

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Published on LexisPSL on 22/09/2017

The following Public Law Q&A provides comprehensive and up to date legal information covering:

  • What are the time limits and remedies available for challenging a call-off agreement under a framework agreement subject to the Public Contracts Regulations 2015? Could a successful bidder be liable in the event of a successful challenge?
  • Remedies
  • Time limits
  • Liability of bidder

What are the time limits and remedies available for challenging a call-off agreement under a framework agreement subject to the Public Contracts Regulations 2015? Could a successful bidder be liable in the event of a successful challenge?

Remedies

The remedies available in a public procurement challenge under the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102 depend upon the circumstances. A breach of the PCR 2015 will generally permit an aggrieved party to seek an order either setting aside or preventing the award of a contract not yet awarded in accordance with the PCR 2015. A claimant may also seek damages for its losses resulting from the breach. If a contract awarded under the PCR 2015 is subsequently challenged and the court rules that the PCR 2015 have been breached, it could declare the contract ineffective, shorten the contract and fine the contracting authority. Some breaches may give rise to claims of ineffectiveness, but separate legal advice should be sought on each particular breach.

In the case of framework agreements, a call-off contract awarded without adherence to the relevant rules under the PCR 2015 may be vulnerable to a challenge on grounds of ineffectiveness under PCR 2015, SI 2015/102, reg 99. If a claimant seeks a declaration of ineffectiveness, the court must grant it as long as the grounds are made out and there are no overriding

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