E.4.1  Risk of procedural challenge

Following on from the probity issues discussed above, there remains a risk that a bidder could initiate a procedural challenge on the basis of:

•  a process contract having arisen between the government and a bidder; or

•  misleading or deceptive conduct on the part of the government.

In the case of a procedural challenge, a bidder would need to demonstrate their reliance on the information received during the interactive process, to their detriment.  These risks are discussed below.  The legal devices used by the government to regulate the procurement process should be capable of appropriately mitigating these risks.