Public procurement

The appellants had brought proceedings challenging the decision to use National Savings and Investments (NS&I) to deliver the Government policy of tax-free childcare. In order for NS&I to administer TFC, it was necessary to amend an outsourcing contract between NS&I and Atos IT Services Ltd. The claim was dismissed and the Court of Appeal, Civil Division, dismissed the appellants’ appeal, holding, inter alia, that the amendment of the contract would not be unlawful. The Supreme Court, in dismissing the appellants’ appeal, held, inter alia, that the proposed amendment to the contract would not considerably extend the scope of the contract in terms of reg 72(8) of the Public Contracts Regulations 2015 (SI 2015/102) and, therefore, it did not did not involve substantial modifications under reg 72(1)(e).