Procurement challenges are on the increase. Rob Hann explains why
Over the past few years, an increasing number of procurement challenges have reached the courts. Indeed the Achilles Themis report (7 December 2008) indicated that there had been a significant (70%) increase in European Court of Justice (ECJ) cases reaching the courts in the last two years alleging procurement transgressions of one sort or another.
Generally these challenges have been brought by aggrieved or losing bidders against contracting authorities. Many of the cases have focused on the thorny issue of how and what contract award criteria have been applied by the local authority (or other contracting authority) in the process leading up to the appointment of the successful bidder/tenderer. This has become a high risk issue for all procurement practitioners and it is essential that local authorities and those advising them, have a thorough understanding of how and when to use contract award criteria and what principles have been developed from these cases.
The credit crunch too is having an effect. Bidders who have spent considerable time and money locked in competition with
