Before the award
The most valuable procurement advice is given before a bid is submitted. Tender documents impose mandatory requirements, and bids are routinely disqualified for administrative failures that have nothing to do with the merits of the offer. We review submissions against the requirements and advise on clarification requests and on challenging tender conditions that are unlawfully restrictive.
After the award
Where a contract has been irregularly awarded, we advise on and pursue a challenge before the Public Contracts Review Board. Where our client has won, we defend the award against appeals by unsuccessful bidders.
These deadlines are short and applied strictly. The single most common reason a good challenge fails is that it was brought too late, so contact us as soon as an award is published rather than after the contract has been signed.
What we advise on
- Reviewing tender documents and bid submissions
- Challenging restrictive or unlawful tender conditions
- Appeals before the Public Contracts Review Board
- Defending an award against a competitor’s appeal
- Performance, variation and enforcement of public contracts
- Advising contracting authorities, including local councils
Acting for both bidders and authorities
We act for bidders and, separately, for contracting authorities including local councils. Understanding how an authority evaluates a tender is directly useful when advising a bidder on how to submit one.
Common questions
- How long do I have to challenge a tender award?
- The periods are short and strictly enforced. Contact us immediately once an award is published; waiting until the contract is signed usually forecloses the remedy.
- Can tender conditions themselves be challenged?
- In appropriate cases, yes, where conditions are unlawfully restrictive. That challenge has to be brought at the right stage, which is before bids are submitted.
- Do you advise contracting authorities as well?
- Yes, including local councils, on running a procurement correctly and on defending it if challenged.