Claim challenging the procurement of decommissioning contracts.
Held: CFP should have been disqualified from the competition for failing two threshold requirements, and, in any event, RSS would have won the competition had the NDA not made ‘many manifest errors’ in its assessment of the tenders, but for which the NDA would have awarded RSS a score of 91.48% and CFP a score of only 85.56%.
Held: The court allowed the claim, having found (i) that CFP should have been disqualified from the competition for failing two threshold requirements, and (ii) that, in any event, RSS would have won the competition had the NDA not made ‘many manifest errors’ (para 944) in its assessment of the tenders, but for which the NDA would have awarded RSS a score of 91.48% and CFP a score of only 85.56%.
Judges:
Fraser J
Citations:
[2016] EWHC 1988 (TCC)
Links:
Jurisdiction:
England and Wales
Citing:
See Also – Energy Solutions EU Ltd v Nuclear Decommissioning Authority TCC 23-Jan-2014
This litigation concerns the procurement process for a contract in relation to the decommissioning of nuclear installations. The Claimant is a company which provides integrated waste management and decommissioning services for the nuclear industry. . .
Cited by:
See Also – Nuclear Decommissioning Authority v Energysolutions EU Ltd (Now Called ATK Energy EU Ltd) SC 11-Apr-2017
This is an appeal on preliminary points of European Union and domestic law regarding the circumstances in which damages may be recoverable for failure to comply with the requirements of the Public Procurement Directive (Parliament and Council . .
At TCC (2) – Nuclear Decommissioning Authority v Energysolutions EU Ltd (Now Called ATK Energy EU Ltd) SC 11-Apr-2017
This is an appeal on preliminary points of European Union and domestic law regarding the circumstances in which damages may be recoverable for failure to comply with the requirements of the Public Procurement Directive (Parliament and Council . .
Lists of cited by and citing cases may be incomplete.
Commercial
Updated: 26 July 2022; Ref: scu.567833