The Defence and Security Public Contracts Regulations 2011

Contract-making suspended by challenge to award decision

This section has no associated Explanatory Memorandum

56.—(1) Where—

(a)proceedings are started in respect of a contracting authority’s decision to award the contract, and

(b)the contract has not been entered into,

the starting of the proceedings requires the contracting authority to refrain from entering into the contract.

(2) The requirement continues until any of the following occurs—

(a)the Court brings the requirement to an end by interim order under regulation 57(1)(a);

(b)the proceedings at first instance are determined, discontinued or otherwise disposed of and no order has been made continuing the requirement (for example in connection with an appeal or the possibility of an appeal).

(3) For the purposes of paragraph (1), proceedings are to be regarded as started only when the claim form is, or in Scotland proceedings are, served in compliance with regulation 55(1).

(4) This regulation does not affect the obligations imposed by regulation 34.