Word Perfect Translation v Minister for Public Expendituire & Reform [2019] IESC 38 (27 May 2019)

Word Perfect Translation v Minister for Public Expendituire & Reform [2019] IESC 38 (27 May 2019)

The award of marks to Translation.ie for the Quality Assurance Plan was a manifest error because the tender did not provide the required narrative summary, and under the marking scheme, only tenders fully meeting requirements could receive marks in the 80-100% band. The decision to award full marks for the Service Delivery Plan was not a manifest error, as the evaluators' approach was within their discretion and the evidence did not support a clear error.

Citation
[2019] IESC 38
Parties
Applicant/respondent: Word Perfect Translation Services Limited; Respondent/appellant: Minister for Public Expenditure and Reform
Jurisdiction
Ireland
Judgment Date
27 May 2019
Procedural Posture
Judicial Review of Public Procurement Decision / Supreme Court Appeal
Outcome
Appeal dismissed
Legal Topics
Manifest Error Standard, Tender Evaluation, Judicial Review of Procurement, Transparency in Procurement, Discovery and Confidentiality in Procurement Litigation
Public Procurement Administrative Law European Union Law Manifest Error Standard Tender Evaluation Judicial Review of Procurement Transparency in Procurement Discovery and Confidentiality in Procurement Litigation

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Parties

Word Perfect Translation Services Limited

Applicant/respondent

Minister for Public Expenditure and Reform

Respondent/appellant

Procedural Posture

Judicial Review of Public Procurement Decision / Supreme Court Appeal

Legal Issues

  1. 1 Whether the evaluation of tenders under the Service Delivery Plan and Quality Assurance Plan was vitiated by manifest error under the applicable public procurement law standard
  2. 2 Whether the award of full marks to Translation.ie for the Service Delivery Plan and high marks for the Quality Assurance Plan was justified under the SRFT and marking scheme

Ratio Decidendi

The award of marks to Translation.ie for the Quality Assurance Plan was a manifest error because the tender did not provide the required narrative summary, and under the marking scheme, only tenders fully meeting requirements could receive marks in the 80-100% band. The decision to award full marks for the Service Delivery Plan was not a manifest error, as the evaluators' approach was within their discretion and the evidence did not support a clear error.

Court Disposition

Appeal dismissed

Orders

  • The Minister's appeal is dismissed.
  • The decision awarding the contract is set aside due to manifest error in the evaluation of the Quality Assurance Plan.