In this case the Technology and Construction Court (TCC) has lifted the automatic suspension in a procurement challenge. That challenge arose following a procurement process ran by the Secretary of State for the Home Department (“𝘁𝗵𝗲 𝗔𝘂𝘁𝗵𝗼𝗿𝗶𝘁𝘆”). The procurement was governed by the Public Contracts Regulations 2015 and related to the provision of visa and citizenship application services across the globe. The services were subdivided into 5 lots and had a combined total value of £1.2 billion. The challenger Teleperformance Contact Limited (“𝘁𝗵𝗲 𝗖𝗹𝗮𝗶𝗺𝗮𝗻𝘁”) was the incumbent. They were successful in the procurement for 1 of the 5 lots. However, a different company (VF Worldwide Holding Limited) won all 4 of the other lots (and were joined to these proceedings as an interested party). The Claimant issued proceedings challenging the award of 3 of those lots, in particular the Authority’s evaluation of bids at the best and final offers stage.
Applying the well-established principles of the “American Cyanamid Case”, the Court found however that damages would be an adequate remedy for the Claimant should it succeed at trial. It was not persuaded by their arguments around the inadequacy of damages due to reduced presence, office closures, redundancies and reputational loss (it looks like they somewhat over-egged their case in these respects!) As such, the Court concluded the “normal outcome” in such cases and that the suspension be lifted.
In2 the bargain 