Clyde Solway Consortium v Scottish Ministers & Ors For Judicial Review [2001] ScotCS 15 (22 January 2001)

Clyde Solway Consortium v Scottish Ministers & Ors For Judicial Review [2001] ScotCS 15 (22 January 2001)

The court held that the base quantities used by the Scottish Ministers in the assessment of tenders were not part of the award criteria required to be disclosed under the 1991 Regulations or the Council Directive. The award criteria were properly set out in the contract documents, and the assessment process, including the use of base quantities, was a legitimate mechanism for comparing conforming tenders. There was no breach of transparency, objectivity, or equal treatment, and no frustration of legitimate expectations. The process complied with both domestic and EU procurement law.

Citation
[2001] ScotCS 15
Parties
Petitioners and Reclaimers: Clyde Solway Consortium; Respondents: Scottish Ministers and Others
Jurisdiction
Scotland
Judgment Date
22 January 2001
Procedural Posture
Judicial Review / Reclaiming Motion (appeal) From Lord Ordinary's Decision
Outcome
Appeal refused; petition dismissed.
Legal Topics
Public Works Contracts, Tendering Procedures, Transparency in Procurement, Equal Treatment of Tenderers, Award Criteria Disclosure, Legitimate Expectation, Judicial Review of Procurement Decisions
Public Procurement Administrative Law Contract Law European Union Law Public Works Contracts Tendering Procedures Transparency in Procurement Equal Treatment of Tenderers +3 more

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Parties

Clyde Solway Consortium

Petitioners and Reclaimers

Scottish Ministers and Others

Respondents

Procedural Posture

Judicial Review / Reclaiming Motion (appeal) From Lord Ordinary's Decision

Legal Issues

  1. 1 Whether the Scottish Ministers breached the Public Works Contracts Regulations 1991 and Council Directive 93/37/EEC by failing to disclose base quantities used in tender assessment prior to submission of tenders
  2. 2 Whether the assessment process lacked transparency and objectivity, thereby frustrating legitimate expectations and equal treatment of tenderers
  3. 3 Whether the criteria for award of contract were properly stated in the contract documents as required by law

Ratio Decidendi

The court held that the base quantities used by the Scottish Ministers in the assessment of tenders were not part of the award criteria required to be disclosed under the 1991 Regulations or the Council Directive. The award criteria were properly set out in the contract documents, and the assessment process, including the use of base quantities, was a legitimate mechanism for comparing conforming tenders. There was no breach of transparency, objectivity, or equal treatment, and no frustration of legitimate expectations. The process complied with both domestic and EU procurement law.

Court Disposition

Appeal refused; petition dismissed.

Orders

  • The reclaiming motion for the petitioners is refused.
  • No breach of the Public Works Contracts Regulations 1991 or Council Directive 93/37/EEC is established.