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Court of Appeal allows appeal of High Court order dismissing a claim in public procurement proceedings and sets aside the award of a contract for translation services, on the grounds that: a) there was a manifest error in the quality assurance plan because the winning tender did not provide a narrative in the manner required; b) neither tender submitted fully complied with the requirement that they demonstrate measures to ensure that the interpreters retain their translation skills; and c) the evaluation team were not required to explain the process by which they arrived at the final marks or the manner in which the adjudication evolved.
Public procurement – appeal of High Court order dismissing claim – manifest error in relation to the evaluation of the manner in which the tenderers would see that the interpreters retained their skills – manifest error in relation to the evaluation of one aspect of the quality assurance plan – whether the evaluators were consistent in their deliberations during the course of the evaluation process – whether Word Perfect was entitled to reasons in respect of those areas where it had actually performed better than Translations.ie – the service delivery plan – whether Word Perfect were entitled to reasons in respect of those criteria where it outperformed its competitor – Article 6 of the European Communities (Public Authorities’ Contracts)(review Procedures) Regulations 2010 (S.I. No. 130 of 2010) – Word Perfect has established manifest error so far as the quality assurance plan issue and the service delivery plan was concerned – decision to award the contract to Translations.ie set aside – appeal allowed.
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