Initially issued in September 2023, the tender was cancelled by the Local Council without explanation, despite the Evaluation Committee having identified a preferred, technically compliant bidder. In May 2024, the Council relaunched the same tender as an accelerated procedure under Regulation 116(3) of the Public Procurement Regulations. Once again, the same bidder was ranked first – only for the Council to cancel the process a second time, again without reasons.
The preferred bidder challenged the second cancellation before the PCRB, which rejected the appeal. On further appeal, the Court of Appeal held that the Council had breached its obligations by failing to provide a reasoned written decision as required by law. The Court reversed both the PCRB's and the Council's decisions, reinstating the tender process.
This judgment affirms that bidders have legal recourse when faced with arbitrary tender cancellations, reinforcing the principles of transparency and fairness in public procurement.
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