Case No. 2383Public procurement challenge (civil) · Co. Dublin
High Court refuses to order winning bidder to disclose pricing structure to competitor
KSN, the incumbent provider of building energy rating services to SEAI, challenged the award of a €75 million contract to Abtran, claiming the winning bid was 30% lower than the current price. Mr Justice Michael Twomey at the High Court refused KSN's application for discovery of Abtran's confidential pricing structure, finding no compelling justification for the 'very significant encroachment on the confidentiality of a winning tenderer's bid'.
- Reportednot reported
- Arrestednot reported
- Chargednot reported
- In court7 Feb
2 reports - Verdict
- Sentenced
reportedhappened, not reportedlatest stagenot yet
Key facts
consolidated from all reports13 statements extracted from the articles
- whatThe contract is for providing surveys for the retrofitting of hundreds of thousands of properties throughout Ireland. (irishtimes.com)
- whatThe contract is set to last up to five years and is estimated to be worth €75 million. (irishtimes.com)
- whatThe services include building energy ratings, surveys and inspections. (irishtimes.com)
- whatSEAI awarded the contract to Abtran in June. (irishtimes.com)
- whatKSN claimed Abtran's tender was 30% lower than the price currently being paid to KSN. (irishtimes.com)
- whatKSN claimed Abtran quotes for BER, inspection and survey services during one site visit rather than separately. (irishtimes.com)
- courtMr Justice Michael Twomey refused KSN's application for discovery of Abtran's pricing information. (irishtimes.com)
- courtThe 2020 climate action plan was quashed by the Supreme Court for being too vague. (irishtimes.com)
- courtFIE also has a live challenge to the 2024 climate action plan. (irishtimes.com)
- courtThe State was represented by Catherine Donnelly SC. (irishtimes.com)
- courtThe judge said FIE did not sufficiently engage with the granular detail of the plan by way of legal pleadings or expert evidence. (irishtimes.com)
- otherKSN director Michael Slevin previously said it would be damaging to KSN if its pricing information was disclosed when it won the 2011 contract. (irishtimes.com)
- otherBoth the 2020 and 2023 plan challenges were brought by the Friends of the Irish Environment. (irishtimes.com)
The reporting
newest first- 7 Feb2025High Court rejects environmental group’s challenge to Government’s 2023 climate plan
High Court judgment dismissing FIE's challenge to the 2023 climate action plan, with the judge noting the decision is not a finding that Ireland's climate ambitions are on track.
- 7 Feb2025High Court refuses to order winning bidder to disclose pricing structure to competitor
First report of the High Court ruling on KSN's discovery application in the SEAI procurement challenge.
victim, Michael Slevin, irish (judged from name)Michael Slevin