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 EWHC 458 (TCC), Technology and Construction Court, Fraser J, 4 March 2021
Procurement – Alleged breaches of duties imposed by Utilities Contracts Regulations 2016
The claimant brought a claim against the defendant in which it alleged that the defendant had breached the duties imposed upon it by the Utilities Contracts Regulations 2016 in the way the evaluation was conducted and in the result of the competition. The procurement competition was conducted in order to decide who should be the construction partner with HS2 for Old Oak Common, one of the two Southern Stations on the new high-speed line. The outcome of the evaluation was that another bidder scored higher than the claimant, with a score of 75.38 per cent, whereas the claimant scored 73.76 per cent. The claimant’s case was that both its tender and its rival’s tender had not been evaluated properly.
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