Audit objections and public contracts: The limits of post-award intervention
Audit objections are frequently raised after award and execution of public contracts. They can trigger demands for repayment or recalculation of amounts that were priced and agreed at tender stage. Recent matters in large infrastructure procurement illustrate the legal position: the Public Procurement Rules 2004 require procuring agencies to issue precise and unambiguous bidding documents, and once a contract is awarded on that basis, the agreed terms govern the parties’ rights and obligations. Attempts to re-open price adjustment inputs or to substitute a different basis after execution cut across the statutory scheme for transparent and competitive procurement.