Naveed MemonWhether tender criteria and reasons for rejection of tender bid were sufficiently clear

The case of Healthcare at Home Ltd v The Common Services Agency (Scotland) [2014] UKSC 49 concerned a tendering process carried out by the respondent in respect of a contract for the provision of medical services in Scotland.

The appellant was the existing holder of the contract but was unsuccessful in its bid to have the contract renewed. The tendering process was governed by the Public Contracts (Scotland) Regulations 2006 (SSI 2006/1), which implemented European Directives 89/665 and 2004/18.

In essence these Directives sought to ensure that tendering processes were subject to, inter alia, the EU principles of Freedom of Movement of Goods, of Establishment, and Freedom to Provide Services etc.

The appellant challenged the decision made by the respondent on the grounds that, contrary to the implementing Regulations, i) the tendering criteria were not sufficiently clear, and ii) the reasons given for the rejection of the tender bid were also insufficiently clear.

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Naveed  Memon works in the Editorial team at Justis, where he specialises in legislation. He obtained an LLB from SOAS, University of London, and completed the Legal Practice Course at BPP. Before joining Justis he spent over three years working in legal practice as a fee earner, during which time he gained in-depth practical experience in a number of different areas of law.