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Supreme Court dismisses appeal from Court of Appeal, and affirms order setting aside an award of a public contract for translation services, on the grounds that the government department had departed from its own methodology in awarding scores in relation to a 'Quality Assurance Scheme'.
O'Donnell J (nem diss): Public procurement - Office of Government Procurement - tender for interpretation services - application by unsuccessful tenderer - S.I. No. 130/2010 - European Communities (Public Authorities’ Contracts) (Review Procedures) Regulations 2010 - tender exceeding mandatory word limit - 'Quality Assurance Plan' - stay on award in the event of a challenge - discovery application - difficulty arising from challenger not having access to successful tenderer's documentation - marking scheme - evaluation - whether a manifest error on the part of the evaluation team - test for review of tender award by court - whether test met - supplemental request for tender (SRFT) - standard of 'manifest error' - departure from 'irrationality' standard applying in judicial review - provision in tender documents concerning the maintenance of skills - terms of marking scheme.
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