- Alert: MoD acted unlawfully in Royal Navy procurement exercise, applying insufficiently clear criteria (MLS Overseas Limited v Secretary of State for Defence)
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Public Law analysis: The Technology and Construction Court (TCC) allowed a public procurement claim seeking, among other things, a declaration that the Ministry of Defence (MoD) acted unlawfully in the procurement of a contract for global port, maritime and logistical support services for the Royal Navy. The MoD had rejected the claimant’s bid on the basis of its fail score on a particular technical criterion. The claimant challenged the decision, alleging that the MoD had unlawfully rejected its bid, breaching its obligations of transparency and equal treatment. Further, that the MoD’s decision to reject the tender was a manifest error of assessment. Finally, if the MoD had a discretion to reject the MLS tender by reason of the ‘fail’ score, it exercised its discretion unlawfully.
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