Bechtel Ltd v High Speed Two (HS2) Ltd [2021] EWHC 458 (TCC) (04 March 2021)

Bechtel Ltd v High Speed Two (HS2) Ltd [2021] EWHC 458 (TCC) (04 March 2021)

Bechtel's claim fails because its tender included a fundamental qualification contrary to the ITT, which would have led to its disqualification regardless of evaluation scores. No manifest error, lack of transparency, or unequal treatment was found in HS2's evaluation of tenders. BBVS's tender was not abnormally low, and no material contract change occurred. Record-keeping failures did not affect the lawfulness of the process or outcome.

Citation
[2021] EWHC 458 (TCC)
Parties
Claimant: Bechtel Ltd; Defendant: High Speed Two (HS2) Ltd; Interested Party: BBVS (Balfour Beatty Group Ltd, Vinci Construction (UK) Ltd, Vinci Construction Grands Projets SAS, Systra Ltd Joint Venture)
Jurisdiction
England and Wales
Judgment Date
04 March 2021
Procedural Posture
Procurement Claim Under Utilities Contracts Regulations 2016 / Judgment on Liability, Breach and Causation
Outcome
Claim dismissed
Legal Topics
Procurement Evaluation, Manifest Error, Equal Treatment, Transparency, Abnormally Low Tender, Limitation, Record Keeping, Material Contract Change
Public Procurement Administrative Law Contract Law Procurement Evaluation Manifest Error Equal Treatment Transparency Abnormally Low Tender +3 more

Case Brief

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Parties

Bechtel Ltd

Claimant

High Speed Two (HS2) Ltd

Defendant

BBVS (Balfour Beatty Group Ltd, Vinci Construction (UK) Ltd, Vinci Construction Grands Projets SAS, Systra Ltd Joint Venture)

Interested Party

Procedural Posture

Procurement Claim Under Utilities Contracts Regulations 2016 / Judgment on Liability, Breach and Causation

Legal Issues

  1. 1 Whether HS2 breached duties under UCR 2016 in evaluating tenders for Old Oak Common station contract
  2. 2 Whether BBVS's tender was abnormally low and should have been excluded
  3. 3 Whether Bechtel's tender should have been scored higher or BBVS's lower

Ratio Decidendi

Bechtel's claim fails because its tender included a fundamental qualification contrary to the ITT, which would have led to its disqualification regardless of evaluation scores. No manifest error, lack of transparency, or unequal treatment was found in HS2's evaluation of tenders. BBVS's tender was not abnormally low, and no material contract change occurred. Record-keeping failures did not affect the lawfulness of the process or outcome.

Court Disposition

Claim dismissed

Orders

  • All claims by Bechtel Ltd are dismissed
  • No findings of breach or manifest error against HS2