Procurement disputes

When you have been informed that your bid for a competitive tender has been unsuccessful, the sense of injustice can be profound – particularly if you don’t agree with the reasons given by the contracting authority.

But knowing whether you have legitimate grounds to challenge the decision and how to go about doing so can be complicated - particularly when the time limits for bringing a challenge are extremely short and the information available to you is limited.

If you’re a contracting authority, we can advise on how best to avoid being challenged and how to deal with any challenges that might arise - particularly in light of the recent coming into force of the new Procurement Act 2023.

Our specialist team can help you to understand the legal merits of your complaint and the commercial benefits and risks of seeking to challenge a decision. Alternatively, we can advise contracting authorities on their exposure.

Either way, we can provide guidance and support on how best to proceed and give clear, practical advice on how to achieve the best outcome for your organisation.

How we can help

More specifically, we can help with:

  • Advice to bidders on whether it is worth mounting a challenge – both pre- and post-award
  • Liaising with contracting authorities on behalf of bidders seeking further information
  • Issuing proceedings and conducting litigation on behalf of bidders
  • Defending proceedings on behalf of contracting authorities
  • Advice to potential bidders in advance of any procurement

 

  • Advice to contracting authorities on compliance with the new Procurement Act 2023 prior to and during a procurement exercise
  • Advice on whether the new regime under the Procurement Act 2023 or the old regime under the Public Contracts Regulations 2015 will apply – particularly in relation to contract modifications

Our team has years of experience managing matters robustly and effectively. We will help you navigate through the process – in plain terms and in a commercial and pragmatic way.

Please get in touch to find out more about how we can help you. We are pleased to offer an initial 30 minute call free of charge.

“Bates Wells have advised us on successful challenges to three different public sector commissioning bodies’ procurement for the provision of services. In each instance they brought to their attention issues with the processes followed, evaluation and marking of our bids. All three decided to abandon their original procurement and undertake a fresh procurement.”

Client feedback, Procurement disputes

“Very knowledgeable and helpful team, they take time to understand the challenges and consider realistic and achievable outcomes.”

Client feedback, Procurement disputes

“Charlie Miller has been excellent. He has inspired confidence and helped to facilitate organisational decision making that deliver results and manage and maintain stakeholder relationships.”

Client feedback, Procurement disputes
Meet our team
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