Public procurement: abnormally low tenders
28 November 2012
Lord Hodge has provided guidance on the somewhat opaque subject of "abnormally low" tenders in public procurement exercises. In Amey LG Ltd v Scottish Ministers  CSOH 181 the pursuers contended that they had wrongly been excluded from the tendering process (relating to the maintenance of the Scottish motorway network) as their tender was viewed as being "abnormally low". Lord Hodge reviews the European case law and opines that the concept of "abnormally low" tenders is there to allow the procuring authority to judge "whether the bid is one that is likely to provide the contracting authority with the services which it seeks". The authority's judgment on that issue was one with which the court would not lightly interfere.
Roddy Dunlop QC and John MacGregor, advocate, both of Axiom Advocates, appeared for the pursuers. Sean Smith QC, also of Axiom, appeared for one of the interested parties.
[ Back to news page ]