Community R4C Ltd v Gloucestershire County Council

Community R4C Ltd v Gloucestershire County Council

CR4C was not an economic operator at the relevant time as it lacked legal personality and market presence in January 2016, and could not have pre-qualified under any lawful selection criteria, including those in the Shadow PQQ, due to insufficient financial and technical capacity. Even if the test were lower, CR4C's...

Source-derived case information.

Parties
Claimant: Community R4C Ltd; Defendant: Gloucestershire County Council
Jurisdiction
England and Wales
Judgment Date
17 July 2020
Procedural Posture
Civil (procurement) / Trial of Preliminary Issues
Outcome
Claim dismissed on preliminary issue of standing; limitation defence fails
Legal Topics
Standing of Economic Operators, Limitation Period for Procurement Claims, Selection Criteria Under Procurement Regulations, Interpretation of Regulation 91 and 92 Public Contracts Regulations 2015, Consortium Bidding and Economic Operator Status
Public Procurement Law Administrative Law EU Law Standing of Economic Operators Limitation Period for Procurement Claims Selection Criteria Under Procurement Regulations Interpretation of Regulation 91 and 92 Public Contracts Regulations 2015 Consortium Bidding and Economic Operator Status

Source-derived case record

Summary, issues, holding and outcome

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Parties

Community R4C Ltd

Claimant

Gloucestershire County Council

Defendant

Procedural Posture

Civil (procurement) / Trial of Preliminary Issues

Legal Issues

  1. 1 Whether Community R4C Ltd was an economic operator which could have pre-qualified under any lawful selection criteria imposed by the Council pursuant to Regulation 58 of the Public Contracts Regulations 2015
  2. 2 Whether the claim is time-barred under Regulation 92(2) of the Public Contracts Regulations 2015

Ratio Decidendi

CR4C was not an economic operator at the relevant time as it lacked legal personality and market presence in January 2016, and could not have pre-qualified under any lawful selection criteria, including those in the Shadow PQQ, due to insufficient financial and technical capacity. Even if the test were lower, CR4C's prospects were fanciful. The claim is not time-barred as CR4C did not acquire knowledge of facts clearly indicating a breach (Sita knowledge) until 20 December 2018, when unredacted documents were disclosed.

Court Disposition

Claim dismissed on preliminary issue of standing; limitation defence fails

Orders

  • Declaration that Community R4C Ltd was not an economic operator which could have pre-qualified under any lawful selection criteria as at January 2016
  • Declaration that the claim is not time-barred under Regulation 92(2) Public Contracts Regulations 2015