The procurement regulations set down the rights and remedies available to unsuccessful tenderers who have suffered or is likely to suffer loss as a result of a breach of those regulations.
Where the aggrieved tenderer can show that a breach has occurred the court can:
- suspend the process
- set aside the decision leading to the contract award
- declare the contract ineffective
- award damages
However the regulations only apply to works, services and supplies contracts over certain values.
Does this mean that a court action cannot