The dispute arose out of a guarantee provided by another market participant in a procurement by the Defence Resources Agency under the MoD.
Particularly important clarifications were provided on:
- restricting the defendants from relying on evidence and arguments not submitted at the pre-litigation stage of the dispute. Also on the possibility of relying on evidence submitted by third parties;
- the active role of the courts in public procurement proceedings in determining whether data and documents were actually submitted with the tender, including the obligation to refer to the Public Procurement Authority;
- a change in the case law on the narrow and broad definition of tenders, stating that it is important to assess only the principles of public procurement, without altering the substance of the tender, but without prohibiting the submission of new documents or the waiver of documents already submitted.