Publications

Briefing - Public Procurement Belfast, September 2009

• On 28 August 2009, the NI High Court (Morgan LCJ) gave judgment in Deane Public Works Ltd v NI Water Ltd, a case involving the elimination of a bidder at selection stage in a below-threshold procurement. The case confirms that the common law doctrine of implied contract applies to procurements by public sector utilities and the fundamental principles of equal treatment and non-discrimination extend to the assessment and evaluation of Pre-Qualification Questionnaires (PQQs). The decision also emphasises the importance of avoiding ambiguity and errors in procurement documentation and responses and gives some guidance on seeking further information from applicants.
  
• 16.10.2009