Energysolutions EU Ltd v Nuclear Decommissioning Authority

Energysolutions EU Ltd v Nuclear Decommissioning Authority

The NDA committed multiple manifest errors in evaluating the RSS tender, including misapplying the criteria for critical assets, supporting evidence, and assumptions, and breached obligations of equal treatment and transparency by treating RSS and CFP inconsistently and failing to provide adequate reasons. The NDA unlawfully failed to disqualify CFP for threshold failures as required by the SORR. The evaluation process was not conducted in accordance with the published rules, and the errors materially affected the outcome. The NDA's application to dismiss the claim based on witness bonus arrangements was rejected as disproportionate and not affecting the fairness of the trial.

Parties
Claimant: EnergySolutions EU Limited; Defendant: Nuclear Decommissioning Authority
Jurisdiction
England and Wales
Judgment Date
29 July 2016
Procedural Posture
Civil (procurement Challenge) / Judgment on Liability
Outcome
Claim allowed on liability; NDA found to have breached procurement law and contract rules; NDA's application to dismiss/strike out the claim dismissed.
Legal Topics
Manifest Error in Evaluation, Equal Treatment, Transparency, Threshold Disqualification, Remedies for Breach of Procurement Regulations, Interpretation of Tender Evaluation Criteria
Public Procurement Administrative Law Contract Law Manifest Error in Evaluation Equal Treatment Transparency Threshold Disqualification Remedies for Breach of Procurement Regulations +1 more

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Parties

EnergySolutions EU Limited

Claimant

Nuclear Decommissioning Authority

Defendant

Procedural Posture

Civil (procurement Challenge) / Judgment on Liability

Legal Issues

  1. 1 Whether the NDA committed manifest errors in evaluating the RSS and CFP tenders under the Public Contracts Regulations 2006 and EU procurement law.
  2. 2 Whether the NDA breached obligations of equal treatment and transparency in the procurement process.
  3. 3 Whether failures to meet threshold requirements by CFP should have led to mandatory disqualification under the SORR.

Ratio Decidendi

The NDA committed multiple manifest errors in evaluating the RSS tender, including misapplying the criteria for critical assets, supporting evidence, and assumptions, and breached obligations of equal treatment and transparency by treating RSS and CFP inconsistently and failing to provide adequate reasons. The NDA unlawfully failed to disqualify CFP for threshold failures as required by the SORR. The evaluation process was not conducted in accordance with the published rules, and the errors materially affected the outcome. The NDA's application to dismiss the claim based on witness bonus arrangements was rejected as disproportionate and not affecting the fairness of the trial.

Court Disposition

Claim allowed on liability; NDA found to have breached procurement law and contract rules; NDA's application to dismiss/strike out the claim dismissed.

Orders

  • Declaration that NDA committed manifest errors and breached obligations of equal treatment and transparency in the procurement process.
  • Declaration that NDA unlawfully failed to disqualify CFP for threshold failures under the SORR.