Disclosure of procurement documents when challenging the procedure adopted

When challenging a procurement procedure, a claiming party should seek all relevant documents including the guidance and instructions to evaluators and the score sheets.  Where such documents do not exist, as in the recent decision of Coulson J in Geodesign Barriers Ltd v The Environment Agency [2015] EWHC 1121 (TCC), an argument that a procurement process was flawed has prima facie sufficient merit.

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