This article is an excerpt from The Art of Tendering: A Global Due Diligence Guide, which is available for purchase.
In its July 2015 decision in Woods Building Services v. Milton Keynes Council, the High Court of Justice of England and Wales awarded the losing incumbent bidder lost profits after conducting its own re-evaluation process in a municipal asbestos removal tender. The court found that government evaluators committed manifest errors in their review of the bids. The court adjusted the score of the top bid from 94 to 64 and increased the complainant’s score from 88 to 94. However, notwithstanding its intervention in the evaluation process, the court refused to reverse the municipality’s contract award decision and decided to award the complainant its lost profits as an alternative remedy.
