Following the recent European Court of Justice ruling in Uniplex (C-406/08) the Office of Government Procurement (“OGC”) has issued a guidance note for public authorities on the implications to the time limits for when a bidder may bring a challenge in the High Court for breach of procurement law. Under the Public Contracts Regulations and the Utilities Contracts Regulations (the “Regulations”), such proceedings must be brought “promptly and in any event, within three months of the date when the grounds of the proceedings first arose”. The ECJ has advised the High Court that it must interpret this to mean that the period runs from the date on which the claimant knew or ought to have known of the breach of the procurement rules. The OGC has announced that the Regulations will be amended to give more precision to what is meant by “promptly”.
OGC PPN – Time Limits for challenges under the Public Procurement Regulations
Please click here to access the PPN