A practical guide to public procurement challenges under the Procurement Act 2023 - Flipbook - Page 2
2
Hogan Lovells
Contents
Introduction
Who can bring a claim?
3
What remedies are
available?
3
Preparing for a challenge
4
Starting legal proceedings
and early stages
5
Beyond the early stages
of the proceedings
8
Key contacts
9
Timeline
10
This guide provides a summary of practical steps
and the legal procedures involved in a procurement
challenge under the Procurement Act 2023 (the
“PA23”). It is a guide for both contracting authorities
and potential challengers.
The PA23 replaces the previous procurement
regulations in England and Wales, including
particularly the Public Contracts Regulations
2015, the Utilities Contracts Regulations 2016, the
Concession Contracts Regulations 2016 and the
Defence and Security Public Contracts Regulations
2011. The substantive provisions of the PPA take
effect from February 20251.
The remedies regime and the procedures for seeking
remedies under the PA23 are similar in many
respects to those under the previous regulations.
However, there are some significant differences.
1
Procurements commenced under the previous legislation must
continue to be procured and managed under that legislation.
