Category Archives: Public Procurement

In Counted4 Community Interest Company v Sunderland City Council, the High Court has refused an application brought by Sunderland City Council (the “Council”) to lift the automatic suspension of the award of a contract to The Northumberland Tyne and Wear NHS Foundation Trust (“NTW”) (see here). The High Court concluded that the balance of convenience … Continue reading Refusal to lift automatic suspension on award of contract for substance misuse services

On 28 September 2015, the High Court handed down a judgment granting an application by the the London Borough of Merton to lift the automatic suspension on its award of a contract for CCTV and traffic monitoring services (Openview Security Solutions Ltd v The London Borough of Merton Council). The award of the contract was … Continue reading Automatic suspension lifted by the High Court

Airwave, the incumbent emergency services communications supplier, has reportedly cleared the way for the Home Office to move forward with the upgrade its emergency services network. While its damages claim still stands, Airwave has dropped its opposition to the Home Office’s application for lifting of the automatic suspension of the contract under Regulation 95(1) of … Continue reading No opposition to Home Office application for lifting of automatic contract suspension

In Bristol Missing Link Ltd v Bristol City Council, the Hon. Mr Justice Coulson has outlined his reasons for refusing an application by Bristol City Council (the “Council”) to lift the suspension on its award of a contract pending resolution of a procurement dispute. The claimant in the main proceedings, Bristol Missing Link Limited (“BMML”), … Continue reading High Court refuses to lift suspension on award of contract for domestic abuse support services

We have reported in previous blog posts (here, here, here and here) on cases involving the automatic suspension provisions introduced by the Public Contracts (Amendment) Regulations 2009, which implemented the new public procurement Remedies Directive. By way of reminder, under the new rules, a standstill period of at least 10 to 15 calendar days must … Continue reading Pirbright Institute successful in lifting automatic suspension on award of IT contract

On 27 October 2014, the High Court rejected HM Treasury’s (“HMT”) application to lift the automatic suspension of a public contract before it was entered into under regulation 47G of the Public Services Regulations 2006. The proceedings were brought by Edenred (UK Group) Limited and challenged HMT’s decision that the Government’s new tax free childcare … Continue reading High Court dismisses application to lift automatic suspension in procurement action

In October 2013, Gatwick Airport Limited (“GAL”) commenced a tender procedure in relation to the provision of air navigation services and maintenance and repair services.  The incumbent services provider, NATS (Services) Limited (“NATS”), submitted its best and final offer on 2 June 2014 and was notified in July 2014 that it had been unsuccessful. NATS … Continue reading Another automatic contract suspension upheld

Following the entry into force of the Public Contracts (Amendment) Regulations 2009, which implemented the new public procurement Remedies Directive, an aggrieved economic operator who wishes to prevent a contract award no longer needs to apply for an interim injunction.  Under the new rules, a standstill period of at least 10 to 15 calendar days … Continue reading Court of Appeal applies American Cyanamid principles in rejecting application to lift automatic contract suspension

Merseyside Waste Disposal Authority (“MWDA”) conducted a procurement exercise for a £1.2 billion contract for the construction and operation of a new energy and waste facility.   Covanta was an unsuccessful bidder and commenced proceedings against MWDA claiming manifest procedural errors.  Covanta claimed that the contract award should be suspended under Regulation 47G of the Public … Continue reading Injunction granted to prevent award of contract by Merseyside Waste Disposal Authority