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High Court refuses judicial review of tender process for contract for emergency air ambulance services, on the grounds that the successful bidder satisfied the selection criteria; and the court orders the parties to engage to see if agreement can be reached regarding all outstanding matters, including on a verification issue, without the need for further court time.
Judicial review of tender process for emergency air ambulance services - contract is worth €9.5 million over four years, which it says is a considerable saving to the taxpayer on the previous contract - challenging the award of the contract on the grounds that successful bidder did not satisfy the selection criteria for entry into the tender competition - requirement that each tenderer must have a turnover of €4 million, for the previous three years, in respect of the services for which it was tendering - what is included in the ‘tender services’ under the terms of the Request for Tender and supporting documentation – relevant law – whether the tender services included the transport of organ retrieval teams - turnover requirement - specification response document - the tender services do not require, in every case, medical personnel, as claimed – whether the tender services included the transport of organs - the transport of organs is also part of the ‘service’, as uniformly interpreted by all RWIND tenderers - impact of this interpretation on the selection criteria – successful bidder satisfied the selection criteria - alleged failure of the HSE to verify that the successful bidder satisfied the selection criteria - whether it is a good use of court resources for this Court to go ahead and spend time determining the verification issue - appropriate use of court resources – whether there is an onus on State agencies to consider mediation - State agencies should, at least, consider mediation - Court orders the parties to engage with each other to see if agreement can be reached regarding all outstanding matters –
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