Where a tenderer is prevented from adjusting its tender before the deadline, is it entitled to compensation?

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Legal and contractual solutions - Procurement

Where a bidder is barred from revising its submission once submission but before the deadline, is it entitled to compensation?

Correcting a tender error, the procurement rules and damages

A tenderer that finds an error before the deadline often wants to amend rather than withdraw. Whether it can, and whether a refusal gives it a claim, turns on the tender documents and, in the public sector, on the procurement rules.

Quick answer

Usually not: there is no general right to amend a submitted tender, and absent an express term no court has implied one; a refusal gives a claim only where a right to correct exists and is broken, and in the public sector damages also require a sufficiently serious breach

Usually not. There is no general right to amend a tender once it has been submitted; whether an error can be corrected before the deadline depends on the tender documents. Where the enquiry expressly allows genuine errors to be corrected in time, that is fine, but where the documents are silent there is no automatic right, and no court has yet implied one. Allowing free amendments risks abuse once competitors' prices are known. In the public sector the equal-treatment and transparency rules rarely help: a court has treated an incomplete tender as a failure to bid, not a correctable error, and proportionality did not require an authority to accept a late submission caused by the tenderer's own fault. Where a right to correct exists and is broken, damages are the wasted costs and lost profit if the tenderer would have won, or a discounted loss of opportunity if success was uncertain; in the public sector damages also require a sufficiently serious breach.

General ruleNo automatic right to amend a submitted tender
Silent documentsNo implied right to correct has yet been recognised
Incomplete tenderTreated as a failure to bid, not a correctable error
Public sectorThe Procurement Act 2023 governs procurements begun from 24 February 2025
DamagesCosts and lost profit or a discounted loss of opportunity; a serious breach in the public sector

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