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ARTICLE · 12 FEBRUARY 2026

Public Procurement - How To Accept An Abnormally Low Bid

McCann FitzGerald LLP
McCann FitzGerald LLP
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McCann FitzGerald LLP

McCann FitzGerald LLP

McCann FitzGerald LLP’s London office acts for Irish, UK and international clients on Irish law...

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On 12 February 2026, the High Court provided some welcome clarity on the steps to be taken by a contracting authority to accept a bid which, on its face, appears to be abnormally low...

IrelandGovernment, Public Sector
Orlaith Sheehy
Orlaith Sheehy
Emma Hinds
Emma Hinds

On 12 February 2026, the High Court provided some welcome clarity on the steps to be taken by a contracting authority to accept a bid which, on its face, appears to be abnormally low in the case of Kerrigan Sheanon Newman Unlimited Company v Sustainable Energy Authority of Ireland [2026] IEHC 70.

This decision is a welcome clarification, as previous cases in this area have tended to focus on the insufficient actions taken by a contracting authority, with little consideration of what would have sufficed.

Over the past 24 months, the Irish High Court has dealt with a number of high-profile public procurement law cases concerning abnormally low tenders. The most notable was White Mountain Quarries v Mayo County Council [2024] IEHC 259, in which the High Court established an onerous standard before a contracting authority could accept a tender with any abnormally low elements. In White Mountain, Mayo County Council was found to have erred in law in (i) purporting to accept a tender

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