News & Information - ORJ Successfully intervene to rescue a public tender service.

October 2010

 

ORJ successfully intervene to rescue a public service tender with a value of £10m. ORJ’s client, KD Electricals LLP were disappointed to learn that their tender for electrical sub-contract works to be supplied to a Midlands Housing Association over a five year period had been rejected despite their belief that their tender was the most competitive.

 

The tender fell under the Public Contract Regulations 2006. Parts of KD’s tender had been rejected on the grounds it was “abnormally low”. However, the Housing Association had not followed Regulation 30(6) and it had ignored the European Court of Justice Judgements in the cases of Transporoute and Impresa Lombardini. ORJ helped KD Electrical successfully challenge the Housing Associations decisions and were very pleased that our client has now been awarded the contract in substitution to those originally selected.

 

What should you do if you feel your tender has been wrongly overlooked?

 

Firstly, you must take great care before making a complaint. Generally speaking, it will be a defence for any Public Authority to renew the tender process in its entirety. You will have to make an election at any early stage as to whether or not to sue for damages or to seek to correct the process.

 

You do not need to use the most expensive European Lawyers to access the highest quality legal advice in this area. ORJ have the expertise to deal with such matters and are assisted by a specialist Counsel.

In this case, we would like to acknowledge the advice and assistance given by Aiden Robertson QC in helping our client meet his objectives.