Monday, August 4, 2014

Potential breaches of the procurement regulations

Facts

Client: A joint venture

Country: UK

Industry: Infrastructure

Issues

When a joint venture organisation bidding for a major public procurement project felt that the procurement bidding process was flawed, it sought advice from Fenwick Elliott on the prospects of changing that process.

Dissatisfied with the tender process, the client needed prompt advice on the prospects of mounting a successful claim against the contracting authority on the grounds that the tender process was flawed or unfair.

Solutions

Given the tight procedural and legal deadlines, procurement claims must be dealt with promptly.

Fenwick Elliott advised the client on the most effective strategy for dealing with the contracting authority and in terms of finding out more information about the process and the outcome. We then advised the client on the merits of making a successful challenge and the likely procedure, timetable and costs.

Benefits

The client received prompt, practical advice about the options available both in writing and in person, and about the costs and risks of proceedings, in both legal and commercial terms, which enabled the client to decide how to proceed.