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PUBLIC PROCUREMENT DISPUTES

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Public Procurement Solicitors

Public Procurement Time Limits

There is a time limit of just 30 days to bring a public procurement claim. The timetable is tight so an unsuccessful tenderer needs to be in a position to allege and set out the procurement failings, some of which may not even be known at that stage.  Our team has specialist public procurement law knowledge and can provide swift advice on claims and/or dispute resolution.

Reasons for bringing a claim can include:

 

  • The awarding body only provided additional information to one tenderer 

  • Failing to advertise a relevant contract 

  • Permitting only one tenderer to change their tender application 

  • Giving the contract to a tenderer who did not comply with specifications 

  • Determining that a candidate did not meet pre-qualification criteria on incorrect grounds 

  • Changing the criteria needed to be met after bids have been received  

For more information regarding "Challenges to a Procurement Award" please click here

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Our partner lead approach enables us to provide you with the best advice to minimise risk whilst managing costs effectively. This approach allows us to provide you with sound knowledge backed by experience to enable informed decisions to be made at every stage of the process. 

It is essential that the whole process is managed efficiently from start to finish. Delays can lead to difficulties in reaching a successful outcome. So get control of the situation now and call Charlotte Waters on 0207 993 6960 or Email Charlotte Waters and we will respond accordingly.

Related Cases

Corelogic Ltd -v- Bristol City Council [2013] EWHC 2088 (TCC)

Corelogic issued a Claim Form alleging inadequate provision of information. Several weeks later it sought to amend, to allege further errors in both the assessment of the tenders and the Council's use of undisclosed award criteria.

The Court held that these allegations were 'new claims' as they related to the conduct during the course of the selection process. The original complaint was in relation to failures post tender. Accordingly, the Court considered the new allegations to be outside the primary limitation period. Click here for more information.

Nationwide Gritting Services -v- Scottish Ministers 2013

What level of knowledge is required to start the limitation period for bringing procurement challenges?

The Court in Nationwide Gritting Services has indicated mere suspicion or hearsay is insufficient. Mere hunch will not be sufficient to start the clock ticking for the purposes of the limitation period.

In Nationwide Gritting Services Ltd -v- The Scottish Ministers [2013], the Scottish court had to consider whether a claim was time-barred. The main issue was whether "suspicion" by an unsuccessful bidder that the contracting authority failed to comply with the legal procurement requirements was sufficient to start the clock ticking with regard to the limitation period.

At the time of the challenge the limitation period was 3 months from the date that the claimant knew (or should have known) of the breach.

If you would like more information on how Fisher Scoggins Waters could help with Public Procurement Law, please contact us by telephone on 0207 993 6960 or email Charlotte Waters by using the enquiry form below:

 

 

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Charlotte Waters
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0207 993 6960
 
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