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Sir Robert Akenhead examines a recent ruling that helps identify the limits to the court’s readiness to intervene in public procurement processes
Those familiar with public procurement will be accustomed to the rigours and complexities of the bidding process. Public sector projects must, with certain exceptions, be tendered in accordance with the rules set out in the Public Contracts Regulations 2015, which, consistent with the aims of the underlying EU directives, seek to promote free and open competition and value for money, defined as “the best mix of quality and effectiveness for the least outlay over the period of use for the goods and services bought”.
A range of other enactments cover procurement of projects in certain fields (such as defence and security), and there are different requirements for certain bodies with the wider public sector. While the nuances and complexities of each are beyond the scope of this article, common to all public procurement is a requirement for a tender process that is fair, transparent and proportionate, conducted according to stated, objectively assessed criteria.
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