No bid (no claim)—sub-contractors of unsuccessful bidders have no standing to bring a public procurement challenge (International Game Technology plc v Gambling Commission)

Article summary

Public Law analysis: This case involved a public procurement challenge brought by a sub-contractor of an unsuccessful bidder. The court considered whether the claimant had standing to bring a procurement challenge under the Concessions Contracts Regulations 2016 (CCR 2016) and whether a sub-contractor falls within the definition of an ‘economic operator’. The court held that sub-contractors do not have standing to bring a procurement challenge. Only unsuccessful bidders, or those who could have made a bid but did not because of discriminatory provisions in the tender documents, have standing to bring a claim. The case provides helpful guidance on the interpretation of the definition of ‘economic operator’ as well as the court’s approach to interpreting the meaning of law implemented into the UK as a result of an EU directive. Written by Deborah Ramshaw, partner, and Chelsie Rapley, trainee solicitor, of Womble Bond Dickinson (UK) LLP.