The Public and Third Sector Law Reports
[2025] PTSR 1641
Court of Appeal
Working on Wellbeing Ltd (trading as Optima Health) v Secretary of State for Work and Pensions and another
[2025] EWCA Civ 127
2024 Dec 10, 11; 2025 Feb 14
Coulson, Fraser, Zacaroli LJJ
Public procurement— Contract award procedure— Disqualification— Tender of claimant economic operator containing three erroneous line items— Contracting authority rejecting claimant’s tender in purported reliance on mandatory exclusion provision in invitation to tender— Whether provision amounting to mandatory exclusion— Whether contracting authority obliged to seek clarification of claimant’s tender— Contracting authority’s rights and duties in connection with clarification or correction of errors in tender of economic operator— Practical guidance for contracting authorities and economic operators—
Public Contracts Regulations 2015 (SI 2015/102), regs 18, 56