Well I can imagine that there will be a whole number of companies that might have lost out in tendering processes in the last year that will be very interested in this and may be more inclined to launch a challenge now.
The first words on a 2nd place bidder’s lips as soon as the outcome of the procurement is delivered is “Do i have any grounds for challenge”.
Since the downturn since 2008, it’s pretty much standard on large infrastructure projects that unsuccessful bidders will attempt to challenge.
With a robust process, most challenges don’t make it out of the boardroom, however not all procurements are robust and some are quite frankly shocking. This leaves plently of opportunity to mount a challenge.
This won’t lead to an increase in challenges (or indeed retrospective ones), what will happen is that any upcoming franchise procurements (or anything coming out of DfT) will take twice as long and cost twice as much as they try to avoid making the same mistakes.
This will have immediate and noticable effects on the forthcoming Scotrail franchise tender process. Happy days for external legal counsel.