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Record Ref : FOI 4336
Date Received : 21/10/2015
Date Completed : 17/11/2015
Organisation : Bangor University
Application Type : Education Establishment
Category : Procurement and Contracts
Question
Re: Request under the Freedom of Information Act 2000 for Information Pertaining to Legal Challenges to the Council’s Tendering Activities Pursuant to the obligations under the Freedom of Information Act 2000, and the duties for openness and transparency under the Public Contract Regulations, in 2006, as amended in 2009 and 2011, and now the Public Contract Regulations 2015, I respectfully request the following information: Question One: How many legal challenges (i.e. written letters) were received pertaining to the Council’s tendering activity in the following years? 2009: 2010: 2011: 2012: 2013: 2014: 2015 to date: Question Two: For each year stated below, how many of these legal challenges were issued by an economic operator, as opposed to a lawyer/solicitor acting for the economic operator? 2009: 2010: 2011: 2012: 2013: 2014: 2015 to date: Question Three: For each year, how many of these legal challenges were issued by a third party/non-economic operator, such as a trade association, a concerned citizen etc.? 2009: 2010: 2011: 2012: 2013: 2014: 2015 to date: Question Four: For each year, how many of these legal challenges were issued stating that an application for judicial review would be made (i.e. pre-action)? 2009: 2010: 2011: 2012: 2013: 2014: 2015 to date: Question Five: For each year, how many of these legal challenges led to a full application for judicial review (i.e. application made to the Court)? 2009: 2010: 2011: 2012: 2013: 2014: 2015 to date: A ‘legal challenge’ should be interpreted as more than simply a letter from potential suppliers asking for clarification on an evaluation/award decision. Rather a legal challenge is any action (whether leading to a formal application to the High Court or not) which seeks to challenge the procurement decision: a) proceedings issued under Part 9 of the Public Contracts Regulations 2006; b) proceedings issued under Part 3 of the Public Contracts Regulations 2015; c) applications for judicial review (under Part 54 of the Civil Procedure Rules) of the Council's decisions relating to the award of public contracts for goods, works or services; and d) any formal pre-action letters prior to such challenges (actual or threatened).
Answer
The answer is ‘Nil’ to all questions.