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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I run a small company and was involved in a Government

Resolved Question:

I run a small company and was involved in a Government tender (which before and during the tender process there were anomalies in how the Gov Authority behaved) , what kind of lawyer would I need if I were to initiate an appeal against the Gov tender that has just completed - but not in my favour?
I would like a step-by-step set of criteria that needs to be identified to understand the merits of an appeal?
What size of tender does this need to be to justify initiating an Appeal?
Since Gov procurement is so highly regulated by process, can I safely assume that most appeals fail?
Anomalies during the tender process essentially 'changed' what the Gov authority wanted from its suppliers - and forced suppliers to change (with 1-2 days notice) what we were bidding on - and in our case forced our response to be sub-optimal in design and more expensive because of additional engineering works never originally anticipated. This changed the complexion of our bid and made it un-naturally expensive (and more risky - also driving price up). I am adding this context because I need to understand the potential advantage/impact to an appeal?
I am at the beginning of reviewing options and am not yet committed to a path - but I will benefit from a clear and honest review of the situation.
Submitted: 11 months ago.
Category: Law
Expert:  Ash replied 11 months ago.

Hello my name is ***** ***** I will help you.

Are you still in your standstill period please?

Customer: replied 11 months ago.
the standstill period started today.
Expert:  Ash replied 11 months ago.

Ok - you would just need an Administrative Law Solicitor do deal with this.

You can challenge it during the standstill period if you disagree with the marking, they took into account matters which are not relevant to the tender or failed to take into account relevant factors.

You can find a local Solicitor who deals with Administrative Law here:

http://solicitors.lawsociety.org.uk/

Can I clarify anything for you about this today please?

Customer: replied 11 months ago.
there are a number of additional questions that were asked.
Expert:  Ash replied 11 months ago.

I can't see those, might you list them here?

Customer: replied 11 months ago.
I would like a step-by-step set of criteria that needs to be identified to understand the merits of an appeal?What size of tender does this need to be to justify initiating an Appeal?Since Gov procurement is so highly regulated by process, can I safely assume that most appeals fail?Anomalies during the tender process essentially 'changed' what the Gov authority wanted from its suppliers - and forced suppliers to change (with 1-2 days notice) what we were bidding on - and in our case forced our response to be sub-optimal in design and more expensive because of additional engineering works never originally anticipated. This changed the complexion of our bid and made it un-naturally expensive (and more risky - also driving price up). I am adding this context because I need to understand the potential advantage/impact to an appeal?I am at the beginning of reviewing options and am not yet committed to a path - but I will benefit from a clear and honest review of the situation.
Expert:  Ash replied 11 months ago.

1. There is no step by step criteria. Its all to do with marks. When you appeal you get a copy of the marking scheme and what you scored.

You can see if they took into account irrelevant matters or failed to take into account relevant matters

2. Yes if the appeal is justified you will be successful

3. A tender cant be changed part way though, they must be identified from the beginning. If it changes, they need to cancel and re-tender

Does that clarify?

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