We support both public sector entities who need to defend procurement challenges, which can be as early as the clarification stage or relating to the tender process once the invitation to tender is issued, and unsuccessful bidders who wish to challenge contract awards by a public sector organisation/Contracting Authority.
Given the tight timescales and short limitation periods that apply to procurement litigation, acting as quickly as possible is crucial. This can include dealing with any potential limitation issues and extending standstill periods. We also often find that the earlier we are instructed, the quicker that we can assist in bringing the matter to a constructive end; this can be done without the need for litigation.
Where a challenge is brought, we then have specific expertise in how to deal with the release of key documentation. Part of this process also includes the use of confidentiality ring orders which allows the confidential release of key commercially sensitive information.
We have experience in complex, High Court proceedings all the way from the pre-action (letter before action) stage through to a contested trial. For public sector clients, this will also include advising on taking steps to lift the automatic suspension.
Our experience also includes the management of e-disclosure exercises, including providing support to your internal teams around their obligations to search for and disclose relevant electronic documents.
During the course of proceedings, we are also mindful of ensuring that a client’s commercial position is aligned with the legal position; we will keep your objectives in mind at all times.
Concurrent to proceedings, including the early pre-action correspondence stage through to trial, we will also advise on alternative options for public procurement dispute resolution.
Our case studies include:
- Acting for a NHS Trust in a nine figure dispute in the TCC which was set down for an initial eight-week trial.
- Advising a large water provider regarding a received challenged in a £650m multi-lot framework.
- Acting on behalf of private company that brought a successful challenge regarding a procurement process ran by the Ministry of Defence.
- Acting on behalf of a local authority in a multi-million-pound challenge ran from a disappointed bidder regarding the outcome for an adult care-related contract.