NHS framework agreement procurement challenge dismissed by TCC

NHS framework agreement procurement challenge dismissed by TCC

CategoryNews Author Jonathan Darby Date

Jonathan Darby successfully appeared as junior counsel on behalf of the Minister of the Cabinet Office instructed by the Government Legal Department in a 3 day trial in the TCC.

The trial concerned a claim brought by Medicure Ltd alleging breach of the Public Contract Regulations as they related to a framework agreement for the supply of locum doctors, including temporary staff.  Mr Justice Coulson described the claims as having failed “at every level”.  The basic assumption that underpinned those claims, “namely that all of the original documentation, including the Framework Agreement itself, prohibited ad-hoc or direct supply, was simply wrong”.  Furthermore, the claimant’s bid was rejected because of “their very low scores, and only one element of the scoring criteria had anything to do with the management of a supply chain.  Subsequently, it is plain that the claimant’s difficulties have arisen, not because of the defendant’s conduct, but because of problems within the[ir] consortium

The judgment can be read by clicking here.

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