This case held that a sub-contractor of an unsuccessful bidder has no standing to challenge a contract award or seek damages under the Concessions Contracts Regulations 2016 (CCR). The court considered the definition of ‘economic operator’ under Regulation 2 of the CCR, determining that only unsuccessful bidders can fall within the definition due to them being the only entities who have an interest in obtaining the contract. This finding may also have implications for future cases brought under the Public Contracts Regulations 2015 (PCR) or Utilities Regulations 2016 given that the definition of ‘economic operator’ under those regimes are the same. It is important to note that there are limited circumstances where someone who had not made a bid can bring a challenge provided they can show that they would have made a bid but did not due to a discriminatory provision within the invitation to tender.
In2 the bargain 