Public procurement

The Technology and Construction Court ruled on the first application, under reg 96 of the Public Contracts Regulations 2015 (SI 2015/102), to lift an automatic suspension on a contract granted following the defendant local authority’s procurement tendering process for the provision of substance misuse treatment and harm reduction services for substance users in Sunderland. In dismissing the authority’s application, the court held that the effect of reg 96 of the Regulations was that the court would determine an application to lift a suspension according to the same American Cyanamid principles that applied in determining applications for interim relief. There was a serious issue to be tried in the present case brought by an unsuccessful bidder and the balance of convenience laid in favour of maintaining the suspension.