Department For Infrastructure v Northstone (NI) Ltd [2021] NICA 23 (21 April 2021)

Department For Infrastructure v Northstone (NI) Ltd [2021] NICA 23 (21 April 2021)

The Department committed manifest error by awarding 'excellent' marks to McQuillans in quality submissions for contracts it lacked resources to perform, contrary to the competition rules and procurement law. The Department's process lacked transparency and equal treatment by allowing McQuillans to select contracts...

Source-derived case information.

Citation
[2021] NICA 23
Parties
Appellant/defendant: Department for Infrastructure (Formerly Department for Regional Development); Respondent/plaintiff: Northstone (NI) Limited
Jurisdiction
Northern Ireland
Judgment Date
21 April 2021
Procedural Posture
Civil Appeal / Appeal From High Court (queen’s Bench Division, Commercial List) to Court of Appeal in Northern Ireland
Outcome
appeal dismissed; declarations in favour of Northstone affirmed
Legal Topics
Tender Evaluation, Manifest Error, Equal Treatment, Transparency, Non Discrimination, Public Contracts, Remedies for Breach of Procurement Rules
Public Procurement Contract Law Administrative Law EU Law Tender Evaluation Manifest Error Equal Treatment Transparency +3 more

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Parties

Department for Infrastructure (Formerly Department for Regional Development)

Appellant/defendant

Northstone (NI) Limited

Respondent/plaintiff

Procedural Posture

Civil Appeal / Appeal From High Court (queen’s Bench Division, Commercial List) to Court of Appeal in Northern Ireland

Legal Issues

  1. 1 Whether the Department's conduct in the tender process complied with procurement rules and governing law
  2. 2 Whether the Department committed manifest error in evaluating tenders
  3. 3 Whether there was a breach of equal treatment and transparency in the award process

Ratio Decidendi

The Department committed manifest error by awarding 'excellent' marks to McQuillans in quality submissions for contracts it lacked resources to perform, contrary to the competition rules and procurement law. The Department's process lacked transparency and equal treatment by allowing McQuillans to select contracts post-evaluation and failing to record key meetings, resulting in unlawful and discriminatory treatment of other bidders.

Court Disposition

appeal dismissed; declarations in favour of Northstone affirmed

Orders

  • Declaration that the Department committed manifest error in evaluation and breached duties of equal treatment and transparency
  • Order setting aside the Department’s decision to award three contracts to McQuillans where Northstone was ranked second