Jurisdiction(s):
United Kingdom

Optima v DWP: High Court (TCC) upholds exclusion of non-compliant bid; ITT clarity, RWIND standard and authority discretion in public procurement (England and Wales)

Published on: 02 May 2024

Published by a LexisNexis Local Government expert

Legal News

Article summary

Working on Wellbeing Ltd (trading as Optima Health) v Secretary of State for Work and Pensions and another [2024] EWHC 766 (TCC)

What are the practical implications of this case?

This judgment stands as both a warning and a reference point for suppliers and contracting authorities on managing non-compliant tenders. For authorities, there are two principal lessons:

Non-compliance can be complex to assess, so decisions must be robust, impartial and well-evidenced. The court placed weight on DWP’s structured approach, noting it mapped out and evaluated multiple options, which underpinned the finding that DWP acted lawfully and rationally when making the Decision.
Clear, unambiguous tender documentation is essential. Although the court found entirely in DWP’s favour, shortcomings linked to its tender materials prolonged the mini-competition and fuelled the dispute. For example, it took 12 months and five versions of the Pricing Schedule before a compliant, acceptable bid emerged, and Optima’s claim centred on alleged uncertainty in DWP’s instructions.

The case further underscores that suppliers may not be entitled to...

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