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Procurement Challenges under the Procurement Act 2023

Taking prompt advice is essential. This guide sets out the key information about public procurement challenges that bidders and contracting authorities need to know under the Procurement Act 2023.

Topics covered:

  • When tenders can be challenged
  • Why a bidder may bring a challenge
  • How does an unsuccessful bidder bring a challenge
  • What a contracting authority should do if challenged
  • What information should an unsuccessful bidder receive when the tender is published
  • What an unsuccessful bidder can claim
  • Time limits for challenging a procurement award
  • Lifting a suspension

How can we help

We regularly advise clients on bringing and defending challenges to procurement awards. Although we are involved in court proceedings where this is necessary, we are often able to achieve excellent results for our clients without the need for formal legal action.

We act for both contracting authorities, advising them on how to avoid challenges and defending them if they do arise, and for unsuccessful bidders who wish to challenge award decisions where they believe errors have been made or processes have not been conducted in accordance with the law.

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