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Federal Security Services v Police Service of Northern Ireland (High Court, Northern Ireland)

The operation of the "standstill period" under Regulation 32 of the Public Contracts Regulations 2006 is now embedded in the operation of UK procurement law.  This is a 10 day period between the decision to award a public contract and the actual conclusion of the contract and is intended to give unsuccessful tenderers an opportunity to challenge the decision before their rights to obtain relief other than damages are closed off by the existence of the contract in question.  The Regulations made no express provision, though, for such a standstill period to be made available in the case of the award of the large proportion of service contracts that are defined in the legislation as part B service contracts.  This is a highly significant category as it includes health, education, legal and recreation services.  Given the volume of litigation in Northern Ireland concerning procurement matters it is perhaps no surprise that the first occasion on which this is considered by a UK court should occur in the High Court of Northern Ireland.

To read our case note, please click here.

For more information on the members involved, please click below:
Michael Bowsher QC