What happens if a supplier breaches a public contract?
- 07.07.2026
We submitted a tender for a government contract but were told our bid was non-compliant because one attachment was in the wrong format. We had the strongest technical proposal. Is it fair that we were excluded, and what can we do?
Agencies can reject non-compliant bids, but they must follow their own published process and treat all suppliers fairly. The Government Procurement Rules require agencies to apply the evaluation criteria stated in the tender documents and to act with integrity and fairness. A minor formatting error may sometimes be waived, where the tender documents permit, but there is no general right to have a defect overlooked. Request a formal debrief, which is required under the Rules, to understand the reasons, and ask for the relevant sections of the request for proposal that were relied on. If you believe the agency departed from its process or acted unfairly, you can raise a complaint with the agency, then with the Ombudsman, or in serious cases consider judicial review, which has strict time limits.
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