Challenging Tender Awards
Challenging Tender Awards and Public Procurement Decisions
You might think about challenging tender awards when you lose a bid. Was the decision unfair? Was the procurement process flawed? Or have you been scored incorrectly?
Associate Consultant, Carl Rogers, is an expert on public procurement. In this post he explains what is involved in challenging tender awards and decisions: Understanding public sector procurement regulations, what you can object to and what to consider before commencing proceedings.
This only applies to public sector tenders and procurement. The private sector is not bound by the same rules. But many large companies have their own processes for making a complaint against a buyer’s decision.
What Are the Obligations on Public Authorities When Purchasing Goods, Services and Works?
All public sector bodies (Contracting Authorities in Public Sector Procurement Parlance) must follow the fundamental principles:
- Transparency – Clear process undertaken
- Equal treatment – All have access to the same information
- Non-discrimination – No bias in favour or against companies
- Mutual recognition – Market access across the EU
- Proportionality – Requirements are relative and reasonable
These principles are the guiding light. Contract Authorities must consider them every time they procure goods/services and works. If an Authority believes that it may have breached these, it must take corrective action. Not wait for challenges and be directed by the courts.
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