Supply Chain Council of European Union | Scceu.org
Procurement

Right of outsider to challenge procurement process questioned | Register

Court of Appeal
Published on March 14, 2022
Regina (Good Law Project) v Minister for the Cabinet Office

Before Lord Burnett of Maldon, Lord Chief Justice, Lord Justice Coulson and Lady Justice Carr
[2022] EWCA Civ 21
Judgment January 18, 2022

Where regulation 32(2)(c) of the Public Contracts Regulations 2015 (SI 2015 No 102) applied so that it was strictly necessary, for reasons of extreme urgency brought about by unforeseen events, for a contracting authority to award a public contract by a negotiated procedure without prior publication, neither a failure to carry out a comparative tender exercise, nor the absence of any formal record of the decision-making process, created a real possibility of bias.

The Court of Appeal so held in allowing the appeal of

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