An Architect's Guide to Public Procurement

08.Challenging the outcomes

In the UK, unlike some other European countries, there is not a separate set of regulations governing public contracts that are enforced by the courts. In general, government contracts are subject to ordinary private law. This chapter explores the processes involved in bringing a challenge and evaluates their various merits, disadvantages and pitfalls, with respect to case histories.

Remedies and Challenge Routes

As a general rule, the guidelines imposed by entities like the OGC in the past, or the Cabinet Office currently, are not legally binding or enforceable by an aggrieved tenderer. However, much of the legislation of public procurement has come about as a direct result of the EU procurement regime. The treaty ...