CAPITA BUSINESS SERVICES LTDAGAINST THE COMMON SERVICES AGENCY FOR THE SCOTTISH HEALTH SERVICE [2023] ScotCS CSOH_9 (10 February 2023)

CAPITA BUSINESS SERVICES LTDAGAINST THE COMMON SERVICES AGENCY FOR THE SCOTTISH HEALTH SERVICE [2023] ScotCS CSOH_9 (10 February 2023)

The Instructions to Bidders were sufficiently clear that no assumptions were to be included in Final Bids, and that all required costs, including infrastructure build, had to be priced. The pursuer's Final Bid included impermissible assumptions regarding infrastructure build costs, contrary to explicit instructions. The defender's decision to disqualify the pursuer's bid was not disproportionate or irrational and was in accordance with the principles of transparency and equal treatment.

Citation
[2023] ScotCS CSOH_9
Parties
Pursuer: Capita Business Services Limited; Defender: The Common Services Agency for the Scottish Health Service
Jurisdiction
Scotland
Judgment Date
10 February 2023
Procedural Posture
Commercial Judicial Review (procurement Challenge) / Opinion Following Preliminary Proof
Outcome
Pursuer's challenge refused; defender's disqualification of the pursuer's bid upheld.
Legal Topics
Public Contracts, Procurement Procedures, Disqualification of Tenders, Transparency and Equal Treatment, Interpretation of Procurement Documents
Public Procurement Administrative Law Contract Law Public Contracts Procurement Procedures Disqualification of Tenders Transparency and Equal Treatment Interpretation of Procurement Documents

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 10 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Capita Business Services Limited

Pursuer

The Common Services Agency for the Scottish Health Service

Defender

Procedural Posture

Commercial Judicial Review (procurement Challenge) / Opinion Following Preliminary Proof

Legal Issues

  1. 1 Whether the defender's Instructions to Bidders were sufficiently clear to permit uniform interpretation by all reasonably well-informed and normally diligent (RWIND) tenderers
  2. 2 Whether the pursuer's Final Bid was compliant with the Instructions to Bidders
  3. 3 Whether the defender acted proportionately and rationally in disqualifying the pursuer's bid

Ratio Decidendi

The Instructions to Bidders were sufficiently clear that no assumptions were to be included in Final Bids, and that all required costs, including infrastructure build, had to be priced. The pursuer's Final Bid included impermissible assumptions regarding infrastructure build costs, contrary to explicit instructions. The defender's decision to disqualify the pursuer's bid was not disproportionate or irrational and was in accordance with the principles of transparency and equal treatment.

Court Disposition

Pursuer's challenge refused; defender's disqualification of the pursuer's bid upheld.

Orders

  • Declarator refused that the pursuer's Final Bid was compliant.
  • Declarator refused that the defender breached obligations under the Public Contracts (Scotland) Regulations 2015.