UK Public Procurement Law Digest: Evaluation and Discretion


Court rules on the flexibility that public authorities are required to give to bidders who do not comply with the rules

Under UK and EU procurement rules, if a bidder a submits a tender that doesn’t fully comply with the awarding authority’s bid instructions, does the awarding authority have any discretion to admit that flawed tender? A recent decision by the High Court in England indicates that an authority does have such discretion, although it is not a discretion that the contracting authority is required to exercise, particularly where the cause of the non-compliance lies with the bidder. Authorities are within their rights to use even minor instances of technical non-compliance by bidders to reject otherwise valid tenders.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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