- In brief: Scottish court finds no case against self-certified evaluation criterion (Boston Scientific Ltd v Common Services Agency)
- Original news
- What should public procurement lawyers take note of?
- What was this case about?
- What did the court decide?
Public Law analysis: This case came before the Scottish Court of Session, Boston Scientific (the pursuer) argued that the contracting authority had incorrectly evaluated an award criterion relating to ‘longevity’ It claimed that its devices were recognised as the market leaders for longevity and, accordingly, the contracting authority erred in failing to award it full marks. The invitation to tender (ITT) provided that tenderers could self-certify the longevity of their devices and there was no procedure in the evaluation process for responses to be verified by the authority. The court held that the pursuer had failed to make out a strong prima facie case. Brendan Ryan, associate at Norton Rose Fulbright LLP, considers the case of Boston Scientific Ltd v Common Services Agency.
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