Malcolm Dowden & Saira Malik focus on the appeal options available to disappointed bidders
The coalition government’s emergency budget earlier this summer followed a string of announcements concerning public sector spending cuts, and the cancellation or suspension of several major property and infrastructure projects agreed between 1 January and the general election on 6 May 2010. The Treasury’s emphasis on cost cutting inevitably focuses attention on the processes through which public sector bodies procure goods and services, and suggests that tightening public procurement procedures is regarded as a significant element in the drive for deficit reduction.
Meanwhile, the coalition go vernment says it intends to continue with implementation of the Equality Act for which the labour government obtained royal assent in April 2010. This Act includes provisions intended to use public spending as a lever to reduce or eliminate discrimination in pay and employment conditions throughout the supply chain.
Taken together, these policy announcements indicate that public procurement processes are likely to become increasingly complex, exacerbating the risk of challenge where a significantly reduced supply of public sector contracts is likely to