Bidders may assume that the clock starts ticking on a procurement challenge when they receive an unsuccessful award decision. However, under both the Procurement Act 2023 (PA 2023) and the Public Contracts Regulations 2015 (PCR), the time limit for bringing a challenge does not necessarily start when the award decision is issued. In some cases, time may begin to run weeks or even months earlier. Bidders who wait until the outcome of the procurement is known before considering their position may find that some grounds of challenge are already out of time.
Why does timing matter?
Procurement challenges are subject to very short limitation periods. In most cases, proceedings must be commenced within 30 days of a bidder first knowing, or being deemed to know, of the issue it wishes to challenge. While the court has a limited ability to extend that period, bidders should assume that the 30-day deadline is strict. If proceedings are not commenced in time, a bidder is likely to lose the ability to pursue that challenge, regardless of its merits.
The challenge is that it is not always obvious when the clock starts running. Deadlines can arise at different stages of a procurement process, often long before the award decision is issued.
Five warning signs that time may already be running
The following are common warning signs that the time limit for bringing a challenge may already be running.
1. The tender documents raise concerns
You may be concerned that the evaluation criteria are unclear, the requirements seem unfair, or the information provided is incomplete. If the issue is apparent from the tender documents, waiting until the award decision may be too late.
2. A clarification response raises further concerns
Sometimes a clarification response answers more than the question asked. It may reveal how the contracting authority intends to assess bids, confirm a requirement that appears unfair, or explain why certain information will not be provided.
3. You are excluded from the procurement process
If you are told that you cannot proceed to the next stage of the procurement, that decision may need to be challenged straight away rather than after the procurement has ended.
4. You become aware of potential unequal treatment
This might arise from information shared during the procurement process or from communications suggesting that bidders are not being treated consistently. If you have enough information to identify a potential issue, time may already be running.
5. You have already raised concerns with the contracting authority
Many bidders assume that raising concerns will protect their position. In reality, raising concerns or corresponding with a contracting authority will not usually stop time from running.
If in doubt, assume time is already running. Early legal advice can help clarify your position and avoid inadvertently losing the legal right to challenge.
Why are clarification responses important?
Clarification questions are often an essential part of the procurement process. They can also provide bidders with information that identifies a potential issue with the procurement.
For example, a clarification response may reveal how a contracting authority intends to apply a particular requirement or criterion. Where a clarification response reveals a potential breach of the procurement rules, bidders should carefully consider whether time has already started to run for the purposes of a challenge.
What if you are prevented from progressing in the procurement process?
A bidder may be excluded from the procurement process or prevented from progressing further before any final award decision is made. Where the complaint relates to that decision, time will generally start to run once the bidder has sufficient information to understand the basis of the decision.
Bidders should therefore consider their position promptly rather than waiting for the procurement process to conclude.
Does raising concerns with the contracting authority stop the clock?
Seeking explanations from the contracting authority or pursuing an informal review process can be an important step in understanding the merits of a potential challenge. However, those discussions will not, in themselves, stop time from running. A bidder should therefore keep limitation periods firmly in mind whilst engaging with the contracting authority.
Does the standstill period give you more time to bring a challenge?
The standstill period gives bidders an opportunity to scrutinise an award decision before the contract is entered into. Under the PA 2023, the mandatory standstill period is eight working days from publication of the contract award notice. For procurements governed by the PCR, the mandatory standstill period expires at midnight 10 days after the award decision is communicated to bidders.
Under the PA 2023, standstill can play an important role in preserving certain remedies. However, bidders should not assume that standstill creates a fresh opportunity to challenge issues that were apparent earlier in the procurement process.
Standstill periods and limitation periods serve different purposes. A bidder may still lose the right to pursue a particular ground of challenge if the relevant limitation period expired before the standstill period began.
What practical steps should bidders take?
If concerns arise during a procurement process, bidders should consider:
- recording when the issue first came to light
- preserving tender documents, correspondence and clarification responses
- identifying precisely what conduct is said to be unlawful
- diarising relevant deadlines
- seeking clarification where appropriate
- obtaining legal advice at an early stage.
Acting promptly does not necessarily mean commencing proceedings immediately. However, it does allow bidders to understand their options and avoid inadvertently losing the right to challenge.
The Birketts view
The greatest risk for bidders is assuming that time starts to run only when an award decision is issued. In practice, limitation periods may be triggered much earlier in the procurement process. By the time the outcome of the procurement is known, some grounds of challenge may already be out of time.
Early advice can help bidders understand their options, protect their position and avoid losing the right to pursue a challenge.
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Audio versions of this article are autogenerated and occasional errors in interpretation may be made. The content of this article is for general information only. It is not, and should not be taken as, legal advice. If you require any further information in relation to this article, please contact the author in the first instance. Law covered as at September 2026.