Procurement claim out of time; 30 days run from tender notice

Verity Healthcare Limited challenged Cambridgeshire County Council's Homecare Framework condition requiring a Care Quality Commission rating of Good or Outstanding. The framework covers regulated homecare across Cambridgeshire for up to 10 years, valued at £928,080,000 including VAT. The council used a competitive flexible procedure with a Procurement Specific Questionnaire as gateway: question 3.7(e) required confirmation of a current Good or Outstanding adult-homecare rating, with exclusion otherwise. Verity, registered but unrated to that level, issued proceedings on 17 August 2026Nationalarchives alleging disproportionate breach of the participation conditions. Mrs Justice Jefford gave judgment on 3 November 2026 after a hearing on 8 September 2026, entering summary judgment for the council as out of timeNationalarchives.

Other Part 9 claims must start before the end of 30 days beginning with the day the supplier first knew, or ought to have known, of the circumstances giving the claimNationalarchives. Extension needs good reason, and never beyond three months from deemed knowledge. Constructive knowledge uses the reasonably well-informed normally diligent tendererNationalarchives.

Actual knowledge arose at the latest on 18 July 2026Nationalarchives. Verity accessed the In-Tend portal at 22.50 that day and expressed interest at 22.51. The director's evidence shifted from awareness on 19 July, to consultant notice on 18 July, to personal reading on the evening of 19 July owing to illness, with inconsistent email dates and subjects. The court held login likely entailed review of the tender documents including the rating condition, said it was entitled to draw an adverse inference, and found no realistic prospect a trial court would accept 19 JulyNationalarchives.

Constructive knowledge arose on 15 July 2026Nationalarchives on publication of the Tender Notice on Find a TenderNationalarchives with a link to In-Tend. Suppliers must maintain Find a Tender or general alerts and review linked documents promptly; the council need not notify incumbents of its portal choice. Engagement from 2024 to June 2026, engagement notices, a Pipeline Notice, a Planned Procurement Notice on 25 March 2026 stating Good registration would be required, and a 17 June event all flagged the rating to watch. The first supplier entered the portal within the hour and 78 questionnaires were returned by noon on 19 August 2026, proving accessibility. No grace period exists, and even one from publication would leave 17 August late.

Extra time was refusedNationalarchives. The claim form sought none, the Particulars raised it only conditionally, and no good reason existedNationalarchives. Verity set out its full case on 21 July and could have issued then or right after rejection on 11 August, when even a 15 July start remained timely. Short delay, waiting for an unlikely response, an early stage and no award do not justify extensionNationalarchives, and merits cannot cure a limitation barNationalarchives.

Interim relief would have been refusedNationalarchives. Orders balance the public interest in lawful awards and avoiding delay, supplier interests including adequacy of damages, and other matters, with no precedence. Verity's evidence showed damages would be adequate, while delay endangered the framework by April 2027 and transition by the end of October 2027, forcing spot purchasing that diverts resources, adds cost and distorts the market. The court doubted power to order a competition run with the condition disapplied, distinct from suspending a decision or the procurement.

Suppliers should count 30 days from the tender noticeNationalarchives, watch Find a Tender directly, open links the same day, and issue protectively while engaging. The legal basis is the Procurement Act 2023, sections 20, 22, 102 and 106, applied in Verity Healthcare Limited v Cambridgeshire County Council [2026] EWHC 2830 (TCC).