This article is an excerpt from The Art of Tendering: A Global Due Diligence Guide, which is available for purchase.
In its March 2016 judgment in Shetland Line (1984) Limited v. The Scottish Ministers, the Scottish Court of Sessions rejected a lost profit claim involving a ferry services competitive dialogue RFP. While the plaintiff claimed that the government withheld material information about the scope of the contract award, the court disagreed, finding that there was sufficient information provided by the government to enable reasonably well informed diligent bidders to submit responsive proposals. Notwithstanding the close final score of 93.99 to 91.58 between the winning bidder and the second-placed plaintiff, the court upheld the scoring after finding no evidence of hidden criteria or arbitrary evaluations.
