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ARTICLE · 30 AUGUST 2012

Errors In Price Evaluation

Mason Hayes & Curran LLP
Mason Hayes & Curran LLP
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Mason Hayes & Curran LLP

Mason Hayes & Curran LLP

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Price is a critical part of tender evaluation.

IrelandCorporate/Commercial Law
Philip Nolan
Philip Nolan
Robert McDonagh
Robert McDonagh
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Price is a critical part of tender evaluation.  It is evaluated in different ways using different formula and assumptions.  It is important that these are carefully considered and don't give rise to grounds for challenge.  This came to the fore in a recent Northern Irish case. 

The Department of Education for Northern Ireland ("DOE") invited tenders for participation in a framework agreement as part of a schools modernisation programme. Henry Brothers, an unsuccessful tenderer, challenged the process.  This was on the grounds that price was evaluated based upon tendered fee percentages which were applied to assumed "Defined Costs".  The underlying assumption was that the "Defined Costs" would be the same for each contractor.                

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