Aggrieved Incumbent bidders: you get your automatic suspension – how do you stop it being lifted?

We posted on 6 September about our success on behalf of a client in resisting an attempt by a contracting authority to have an automatic suspension on contract award lifted.

As we said, this was the first time since December 2010 when the Public Contracts (Amendment) Regulations 2009 came into effect that a bidder had successfully defended such an application.

Whilst every case is decided on its own facts, we now have a more clear idea what an incumbent will need to do to swing the balance of convenience in its favour.

The courts will clearly take seriously offers to continue service provision pro tem and at a cost capped at the successful bidders price.

Equally, on the issue of damages not being an adequate remedy, the potentially fatal impact of TUPE transfers from an outgoing incumbent weigh heavily in the bidders favour.

If you want to know more, just get in touch….

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