What constitutes a notice of intention to bring legal proceedings under Regulation 47 (7) (a)?
The authorities were clear on what constituted notice of intention to bring legal proceedings: • There must be a clear statement of: (i) the alleged breach by reference to the Regulations which identifies the actual breach complained of – a general reference to an alleged breach of the Regulations is not enough; and (ii) a stated intention to commence legal proceedings. • Detailed or lengthy particulars were not required where the notice is sufficient. In this case the contractor’s notice plainly and obviously identified the Regulations and the actual breach complained of, namely that: • OGC had not provided a proper explanation of the reasons for the contractor’s non-selection; • OGC had failed to respond to the contractor’s PQQ fairly or equally; • The first stage process following the PQQ was not transparent; and • The contractor was unaware of the relative importance and weightings of the questions set out in the PQQ. The contractor’s notice also contained a clear statement of inte
