Where a PIN is being used as a call for competition under Regulation 48(5), certain requirements need to be met in terms of the information required.
If the PIN does not meet these requirements, it will not be a lawful call for competition and the procurement process will be defective. This could indeed give rise to a challenge, particularly if the deficiency is serious. For example, where the PIN does not properly describe the services/goods/works being procured; a supplier might challenge on the basis that it would have bid had it fully understood the scope of the contract. Where a PIN is deficient, any procurement run under it has not been lawfully advertised and therefore any contract awarded is an illegal direct award. This means that the “ineffectiveness” remedy would potentially be available in addition to damages/automatic suspension.
However, if the PIN is not being used as a call for competition (e.g. it is only being used to advertise a premarket engagement exercise), it appears unlikely that this could result in grounds for a supplier to pursue a procurement challenge.