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ARTICLE · 21 JANUARY 2008

Equal Treatment And Fairness In Procurement

Fenwick Elliott LLP
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HHJ LLoyd QC in the case of Harmon CFEM Facades (UK) Limited v The Corporate Officer of the House of Commons [1999] EWHC TCC 199 observed that the principle of equal treatment of tenderers requires that all tenders comply with the tender conditions so as to ensure an objective comparison of the tenders submitted by the various tenderers

United KingdomReal Estate and Construction
  1. HHJ LLoyd QC in the case of Harmon CFEM Facades (UK) Limited v The Corporate Officer of the House of Commons [1999] EWHC TCC 199 observed that the principle of equal treatment of tenderers requires that all tenders comply with the tender conditions so as to ensure an objective comparison of the tenders submitted by the various tenderers.
  2. This concept of equal treatment has been explored in two cases, one from Scotland and the other from Northern Ireland.
  3. In the Harmon case, Harmon, a European-based firm, had tendered for the works at the new parliamentary building for the House of Commons. The contract was awarded to another tenderer. Harmon successfully brought an action claiming that the House of Commons had breached the UK's obligations under the Treaty of Rome not to discriminate on the ground of nationality and the principle of the equal treatment of

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