Procurement Update: Appeal On Tenderer Eligibility Allowed

In Sere Holdings Ltd v Health Service Executive and IAS Medical Ltd [2024] IECA 197, the Court of Appeal allowed Sere's appeal and remitted the case to High Court.

Sere ranked eighth in a tender process conducted by the HSE for emergency air ambulance services. In the High Court, Sere alleged that the winning tenderer had not satisfied the eligibility requirement to have turnover of €4 million relating to the tender services. Sere argued that the tender services were restricted to a transfer involving a patient (with a medical team on board specifically equipped aircraft). The HSE argued that the tender services also included the transfer by airplane of organs and organ retrieval teams. The High Court agreed with the HSE for reasons we summarised in our briefing: Procurement Update: High Court in Ireland upholds Awarding Authority Decision on Eligibility. We also looked at the High Court decision on costs here: Notice Party Costs: High Court outlines Principles in