Coventry City Council (19 003 137)
Category : Other Categories > Commercial and contracts
Decision : Closed after initial enquiries
Decision date : 01 Aug 2019
The Ombudsman's final decision:
Summary: Mr B complains about the Council’s handling of the procurement process his company was involved in and its award of the contract to a company which had an unfair advantage. The Ombudsman will not investigate the complaint because the Public Contracts Regulations 2015 apply to the process and Mr B has an alternative legal remedy which places it outside our jurisdiction.
The complaint
- The complainant, who I refer to as Mr B, complains about the Council’s handling of the procurement process his company was involved in and its award of the contract to a company which had an unfair advantage.
The Ombudsman’s role and powers
- The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
- In considering the complaint I spoke to Mr B and reviewed the information he and the Council provided.
What I found
- After bidding unsuccessfully for a Council contract, Mr B raised concerns with the Council about the way the procurement process had been handled and about the unfair advantage he said a rival company had had.
- The Council addressed his concerns in some detail but did not take the matter through its complaints procedure. It explained the reason for this is because in procurement terms complaints are challenges and so subject to the formal process set out in the Public Contracts Regulations which apply in this case.
Assessment
- If Mr B wishes to challenge the procurement process used by the Council in relation to the tender in question, he can use the formal process set out in the Regulations.
- As there is an alternative legal remedy available to Mr B which we would reasonably expect him to make use of, the complaint falls outside our jurisdiction and will not be investigated.
Final decision
- The Ombudsman will not investigate the complaint because the Public Contracts Regulations 2015 apply to the process and Mr B has an alternative legal remedy which places it outside our jurisdiction.
Investigator’s final decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman