From News

Public procurement: time limits, TUPE and "abnormally low" bids - SRCL Ltd v National Health Service Commissioning Board [TCC] 27.07.18 (Unreported)

Public procurement - Unsuccessful bidder's challenge to award of clinical waste disposal contract by National Health Service Commissioning Board - Claim that winning bid was abnormally low - Claim that way in which Board dealt with costs of complying with Transfer of Undertakings and Protection of Employment Regulations 2006 in its notification to the bidders prior to auction was unlawful - Board asserting that claimant had issued the proceedings outside 30-day period imposed by Public Contracts Regulations 2015 reg.92(1) - Date when time in the case started to run for the purposes of regulation 92(1). HELD that the claim was out of time. In any event the court was satisfied that the Board did not act unlawfully in relation to TUPE and that the winning bids were not abnormally low.
Category: PPP Procurement » Public procurement. Keyword(s): Transfer of undertakings. Area(s) of law: Employment; Projects And Procurement; Infrastructure.
Source: [2018] EWHC 1985 (TCC).

View original article