Challenge Support

Public procurement is a crucial aspect of economic development, involving the allocation of significant resources by governments to private businesses. However, the procurement process is not immune to errors, bias, or violations of fair competition principles. In such cases, businesses have the option to challenge public procurement decisions in court, seeking justice and ensuring a level playing field.

Upholding Fairness and Transparency:  Challenging public procurement decisions is essential for upholding the principles of fairness and transparency. Public procurement should be conducted in a manner that ensures equal opportunities for all businesses, fostering healthy competition. By challenging questionable decisions, businesses contribute to the maintenance of a robust and accountable procurement system.

Correcting Errors and Preventing Misconduct:  Public procurement processes are complex, and errors can occur at any stage, ranging from flawed tender evaluations to biased decision-making. Challenging these decisions provides an opportunity to correct errors and rectify any misconduct that may have influenced the outcome. Court intervention serves as a safeguard against arbitrary or unlawful actions by procuring authorities.
Protecting Business Interests and Reputation:  Procurement decisions can have far-reaching implications for businesses, impacting their growth, profitability, and overall reputation. If a decision appears unfair, biased, or detrimental to a business's interests, challenging it can provide a platform to demonstrate the potential harm suffered and seek appropriate remedies.

Setting Precedents and Influencing Future Decisions:  Court challenges to public procurement decisions can set important legal precedents. Rulings in favour of businesses can establish standards for fairer procurement practices, influencing future decisions and ensuring greater compliance with legal requirements. By challenging decisions, businesses not only fight for their rights but also contribute to the evolution of procurement law and practices.

Leveraging Expert Procurement Professionals:  Navigating the complexities of the public procurement regulations requires specialised knowledge and expertise. Engaging expert professionals familiar with the intricacies of procurement regulations can significantly strengthen a business's chances of success.

Our lead consultant has a long track record of successfully helping clients to raise formal (hard) and informal (soft) challenges, leading to reversed award decisions, re-procurements and settlements out of court in favour of our private sectors.  Equally, we have successfully advised public sector clients on their approach to challenges to minimise disruption to their projects fending off spurious or weak claims and allowing you to proceed with your requirements.

Beneffrey Consulting specialises in working with your legal support (internal and/or external) to interrogate the audit trail and give you the building blocks to raise or defend a challenge.