Challenging a Public Procurement Decision
How to challenge an unlawful procurement decision by a public authority under the Procurement Act 2023 and Public Contracts Regulations 2015.
Overview
If you believe a public authority has conducted a procurement unlawfully (e.g., failed to follow proper procedures, unfairly evaluated bids, or breached transparency requirements), you may be able to bring a legal challenge. The Procurement Act 2023 (replacing the Public Contracts Regulations 2015) provides for a standstill period, mandatory debriefing, and the right to bring proceedings in the Technology and Construction Court (TCC).
Who Can Use This Process
- You are likely eligible to use this guide if your situation involves challenging a public procurement decision.
- You have a genuine legal basis for the matter (contract, tort, statutory right, etc.).
- You have made reasonable attempts to resolve the matter directly with the other party first.
Step-by-Step Process
Request a debrief
If you are an unsuccessful bidder, request a detailed debrief from the contracting authority. Under the Procurement Act 2023, authorities must provide reasons for their decision, including your scores and the characteristics of the winning bid. Analyse the debrief for any procedural errors or unfairness.
- Request the debrief in writing immediately after receiving the standstill notice
- Compare your scores with the published evaluation criteria
Send a pre-action letter
If you identify grounds for challenge, send a detailed pre-action letter to the authority within the standstill period if possible. This may cause the authority to reconsider before the contract is signed. Grounds include: breach of equal treatment, failure to follow published criteria, conflict of interest, or abnormally low tender not investigated.
- The standstill period gives you time to act — do not delay
- Specialist procurement solicitors can advise on merit quickly
Issue proceedings in the TCC
Procurement challenges must be brought in the Technology and Construction Court (TCC) within 30 days of when you knew or should have known of the breach. If you bring proceedings before the contract is signed, the court can suspend the award. After signing, remedies are typically damages only.
- The 30-day time limit is strictly enforced
- An automatic suspension applies if proceedings are issued before contract signing
Costs
Important Warnings
The 30-day limitation period is very short — act immediately if you suspect a breach.
Costs in procurement litigation can be substantial — consider the commercial merits carefully.
If the contract has been signed, the court can only award damages (not set aside the contract) in most cases.
Useful Links
Frequently asked questions
- How long does the challenging a public procurement decision process take?
- The end-to-end timeline depends on which stage you're at. Common steps run on these timeframes: "During the standstill period (usually 10 days)"; "Within standstill period"; "Within 30 days". Add court / counterparty response time on top — disputed matters can run months longer than the bare minimum.
- How much does it cost?
- Main outlays are: Court issue fee — £528+; Legal costs — Significant — obtain specialist advice on costs risk. Court fees often qualify for Help with Fees remission if you're on a low income. Solicitor fees are extra and vary widely — many matters can be done as a litigant in person.
- What are the most common mistakes to avoid?
- Watch out for: The 30-day limitation period is very short — act immediately if you suspect a breach.; Costs in procurement litigation can be substantial — consider the commercial merits carefully.; If the contract has been signed, the court can only award damages (not set aside the contract) in most cases.. If you're unsure on any of these, get advice from a regulated solicitor or a free service like Citizens Advice before acting.
- Where can I find the official forms and guidance?
- The official sources are: GOV.UK — Public Procurement; Procurement Act 2023. Always use the forms / guidance from the issuing authority's own site — third-party copies can be out of date.
- Can I do this myself without a solicitor?
- Yes — many people complete this kind of matter as a litigant in person. The site walks through each step in plain English. A solicitor is recommended if: large sums are at stake, the other side has legal representation, the matter involves criminal liability, children, immigration, or you're unsure on any procedural deadline. Free advice is available from Citizens Advice, Law Centres, and (for some matters) LawWorks pro bono clinics.