STREET LIGHTING SUPPLIES & CO LTD AGAINST SCOTLAND EXCEL AND RENFREWSHIRE COUNCIL [2014] ScotCS CSOH_145 (30 September 2014)

STREET LIGHTING SUPPLIES & CO LTD AGAINST SCOTLAND EXCEL AND RENFREWSHIRE COUNCIL [2014] ScotCS CSOH_145 (30 September 2014)

The pursuers' challenges to the procurement process are weak; the defenders' specifications and procedures are objectively justified and transparent. The balance of convenience and public interest favour granting the interim order to end the prohibition on concluding the framework agreement.

Citation
[2014] ScotCS CSOH_145
Parties
Pursuer: Street Lighting Supplies & Co Ltd; First Defender: Scotland Excel; Second Defender: Renfrewshire Council
Jurisdiction
Scotland
Judgment Date
30 September 2014
Procedural Posture
Commercial Judicial Review / Interim Order Application
Outcome
Interim order granted; prohibition on concluding the framework agreement is brought to an end.
Legal Topics
Framework Agreements, Tender Evaluation, Award Criteria, Transparency, Competition, Remedies
Public Procurement Administrative Law Framework Agreements Tender Evaluation Award Criteria Transparency Competition Remedies

Case Brief

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Parties

Street Lighting Supplies & Co Ltd

Pursuer

Scotland Excel

First Defender

Renfrewshire Council

Second Defender

Procedural Posture

Commercial Judicial Review / Interim Order Application

Legal Issues

  1. 1 Whether the defenders breached the Public Contracts (Scotland) Regulations 2012 in the procurement process for street lighting materials
  2. 2 Whether technical specifications and award criteria were discriminatory or lacked objective justification
  3. 3 Whether adequate reasons and feedback were provided to unsuccessful tenderers

Ratio Decidendi

The pursuers' challenges to the procurement process are weak; the defenders' specifications and procedures are objectively justified and transparent. The balance of convenience and public interest favour granting the interim order to end the prohibition on concluding the framework agreement.

Court Disposition

Interim order granted; prohibition on concluding the framework agreement is brought to an end.

Orders

  • The interim order sought by the defenders is pronounced, allowing the framework agreement to be concluded.