This case highlights how important it is that contracting authorities comply with their procurement obligations, in particular the EU law duties of transparency and non-discrimination.
Key learning from this case:
- Apply published evaluation methodology and follow your declared process.
- Treat all Tenderers in a consistent manner.
- Keep written records of evaluation process.
- Keep full audit trail of changes in scores and reasons for changes.
- Rationale to include all the reasons for the score.
- Devote sufficient time and resources to the evaluation process to make the above possible.
A useful article on the case : EnergySolutions EU Ltd V Nuclear Decommissioning Authority – EM LawShare
In2 the bargain 