A shrinking public purse in these times of austerity has increased appetite for bid protest. With fewer tenders and increased competition, disgruntled bidders now appear more conscious of their rights, and much less wary of challenging what they perceive to be unjust awards.

Whatever the case, there is now more public procurement litigation than there has ever been, but Woods Building Services v Milton Keynes Council brilliantly illustrates this increased appetite for challenging public procurement decisions. It is a case brought by the incumbent service provider, when the process of evaluation ultimately delivered an unexpected result.

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