Building upon two week's ago decision to award the first post-Brexit UK passports to an Franco-Dutch (Dutch-French?) company, it seems De La Rue is initiating proceedings to get the award decision reviewed.
This is yet another timely reminder EU law is still applicable in the UK since the Public Contracts (Amendment) Regulations 2009 tranpose Directive 2007/66/EC.
As for the grounds from De La Rue, based on the public reports, it seems they are either keeping their powder dry or do not have much to argue. Making generic comments such as the award price was below their cost price does not indicate any wrongdoing - only that they were not competitive enough. Even if there is an abnormally low bid, all the Home Office needs to do is investigate it and is under no obligation to exclude Gemalto.
This all reminds me of a tender I was once involved on the public side with a former colleague as legal adviser for one of the tenderers. After the result was announced he retorted to a common friend "How do I set aside the other 4 bids? Thanks for screwing my weekend!"
PS: I love De La Rue's assertion their new price is lower than that of the old contract, begging the question if they suddenly became very efficient or if they have been extracting rent since 2009. And let's not forget what 3M who lost the contract back then had to say.
PS2: As for the logic of tendering 10/11 year bog standard supply contracts, it defies me still especially with the assertion by De La Rue they were cheaper this time around than in 2009.