Public sector contracts usually involve the procurement of large quantities of goods, the provision of extensive services or both. As such, they are extremely lucrative and much can be at stake for both the public body and the prospective tenderer.
It is for this reason that these type of contracts and tenders are heavily regulated, to ensure that they are entered into fairly and objectively.
The regulatory framework in procurement is complex and all-embracing; it demands specialist advice. We are experts in this field and can assist both public bodies and disappointed tenderers, during and after the tender process.
Public bodies and tenderers have a common incentive to carry out the process correctly. A disappointed tenderer may feel that the process was carried out incorrectly, for example if there has been some bias in the weighting of the scores.
The tenderer may be entitled to seek redress, or have the public body re-tender. It is crucial for the tenderer to seek legal advice at an early stage to maximise its chances of successfully challenging the tender.
Likewise, it is important for the public body to ensure that the tender process is carried out in accordance with the regulations. A challenge to a tender will be time consuming and costly to address. This is an area in which prevention is always better than cure.
Contact a member of our Dispute Resolution Team to find out how we can help you.