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Challenges to awarding of contract to retrofit 45,000 streetlights

Separate proceedings being brought against Mayo County Council

Two separate challenges to the awarding of a €23.5 million contract to retrofit some 45,000 street lights in the northwest to make them more energy efficient have been admitted to the Commercial Court. Photograph: Erik Von Weber

Mon May 22 2023 - 17:39

Two separate challenges to the awarding of a €23.5 million contract to retrofit some 45,000 street lights in the northwest to make them more energy efficient have been admitted to the Commercial Court.

A consortium known as Le Chéile, comprising Republic of Ireland-based companies Enerveo Ireland Ltd, Electric Skyline Ltd and Al Read Electrical Co Ltd, have brought one challenge while the other is brought by White Mountain Quarries Ltd, trading as Breedon, of Co Antrim.

The separate proceedings have both been brought against Mayo County Council, which is the lead contracting authority for the work on behalf of seven local authorities in the northwest.

In March 2023, the council notified tenderers that BAM KLS JV was the preferred bidder.

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In both proceedings, it is claimed that in awarding the contract the council failed to comply with a number of EU public procurement regulations.

It is claimed, among other things, that the council failed to determine that the BAM tender appeared to be abnormally low. It is also claimed there was a failure to provide reasons, or adequate reasons, for its decision.

The council denies the claims.

On Monday, Eileen Barrington SC, for the council, applied to have the cases admitted to the fast-track commercial list.

She said the challengers were consenting or not objecting to admission of the cases to the list. She also said the cases would take four or five days to hear.

Mr Justice Denis McDonald admitted the cases to the list and scheduled them provisionally for hearing, either together on sequentially, in November.

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