Expertise in Procurement Challenges
We are well-versed in the latest legal developments, including the new Procurement Bill that came into effect in 2025, which has introduced significant benefits and opportunities for challenging procurement outcomes.
Key benefits and opportunities of the new Procurement Bill
The new Procurement Bill, which came into effect in 2025, has brought about several important benefits aimed at creating a more transparent and efficient procurement process. Some of the key benefits include:
- Enhanced transparency: The bill mandates greater transparency throughout the procurement lifecycle, allowing for better scrutiny of how public funds are spent.
- Simplified bidding processes: The new bill introduces simplified bidding processes, making it easier for businesses to participate in tenders and ensuring a level playing field for all participants.
- Stronger exclusions framework: The bill includes provisions for tougher action on underperforming suppliers and those who pose unacceptable risks.
Opportunities with the Central Digital Platform
The Central Digital Platform, introduced as part of the new Procurement Bill, offers several benefits and opportunities for suppliers, including those looking to challenge procurement outcomes:
- Enhanced transparency: The platform mandates greater transparency throughout the procurement lifecycle, allowing suppliers to scrutinise how public funds are spent and identify any irregularities or grounds for challenge.
- Simplified bidding processes: By simplifying the bidding processes, the platform ensures a level playing field for all participants, making it easier to identify and challenge any unfair practices.
- Centralised information: The platform stores suppliers’ core business details that can be used for multiple bids, reducing the need for repetitive submissions and making it easier to track and challenge procurement decisions.
- Visibility of opportunities: The platform makes public procurement opportunities more visible, allowing suppliers to set up alerts for tenders of interest and monitor the entire procurement process.
Grounds for making a Procurement Challenge
There are several grounds on which a procurement challenge can be made, including:
- Non-compliance with Procurement regulations: If the contracting authority has not followed the procurement regulations, this can be a ground for challenge. This includes issues such as failing to advertise the tender properly or not adhering to the specified evaluation criteria.
- Lack of transparency: If the procurement process lacks transparency, such as not providing sufficient information about the evaluation process or the reasons for the award decision, this can be challenged.
- Discrimination or bias: If there is evidence of discrimination or bias in the procurement process, such as favouring certain bidders without justification, this can be a ground for challenge.
- Errors in the evaluation process: If there are errors in the evaluation process, such as incorrect scoring or failure to consider relevant information, this can be challenged.
- Breach of contractual obligations: If the contracting authority breaches any contractual obligations during the procurement process, this can be a ground for challenge.
If you believe that a procurement process has been conducted unfairly or that the outcome is unjust, contact Stephensons today. Our team is here to help you navigate the complexities of procurement challenges and to ensure that your rights are protected.
