Public Procurement Update: Contract Remains Effective Notwithstanding Standstill Letter Infringement

In Killaree Lighting Services Limited v Mayo County Council and Electric Skyline Limited [2024] IEHC 79, the High Court in Ireland considered a procurement process in which the awarding authority raised concerns that a tender included abnormally low pricing. Not satisfied with the subsequent clarificatory responses, the awarding authority ultimately wrote to the tenderer in early October 2020, eliminating it from the procurement process on the basis that its tender was abnormally low, and that the contract was not capable of being performed on the basis of the tendered rates.

The letter also stated that, following identification of the successful tenderer and observance of the standstill period, the name of the winner would be published in a contract award notice. On the same day, the successful tenderer was notified that it was successful in the competition. The contract was entered into towards the end of October 2020 and the contract award notice was published in