Court of Appeal dismisses appeal from High Court, and affirmed refusal of judicial review of a decision that a public lighting services provider had been rightfully excluded from a tender process where tender found not 'genuine' due to abnormally low pricing, and despite the contracting authority's breach of obligation to send a standstill letter. The provider's tender was deemed not genuine and unreliable for proper contract performance. The case was remitted to the High Court solely to consider the imposition of a civil penalty on the contracting authority for the standstill letter omission.
public lighting contract, tender exclusion, abnormally low tender, standstill letter, contracting authority, civil penalty, Court of Appeal, High Court, procurement directive, Remedies Directive, Remedies Regulations, pre-contractual remedies, declaration of ineffectiveness, mandatory and discretionary remedies, legal certainty, public safety.