England and Wales Case Law

Working on Wellbeing Ltd Trading as Optima Health v Secretary of State for Work and Pensions & Anor

The Court of Appeal held that the tender language did not create a mandatory exclusion clause and that DWP should have sought clarification of obvious pricing errors.

• Tender evaluation
• Mandatory exclusion clauses
• Clarification of bids
• Equal treatment
• Transparency
• Proportionality

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Working on Wellbeing Ltd t/a Optima Health v Secretary of State for Work and Pensions & Anor

Working on Wellbeing Ltd t/a Optima Health v Secretary of State for Work and Pensions & Anor [2025] EWCA Civ 127 (14 February 2025)

The Court of Appeal held that the tender wording did not create a mandatory exclusion clause and that DWP should have sought clarification of minor pricing errors.

• Mandatory exclusion clauses
• Clarification of tender errors
• Principles of equal treatment and transparency
• Waiver of tender conditions
• Proportionality in procurement
• Public-procurement

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