The Court of Appeal in Northern Ireland has dismissed two appeals against separate rulings of the High Court that set aside framework agreements entered into by Northern Irish government departments following breaches of the public procurement rules on the grounds on the one hand that the Department had failed to disclose sub-criteria used in assessing the tender and the weightings applied to those sub-criteria and on the other that the Department made a manifest error in the pricing mechanism used to assess tenders. The Court of Appeal also held that the High Court had been correct to hold that a ‘framework agreement’ was not a ‘contract’ for the purposes of Regulation 47(9) of the Public Contracts Regulations 2006, which prevents the award of any relief other than damages once a contract has been entered into McLaughlin & Harvey Ltd v Department of Finance & Personnel,  NICA 60 1 and Henry Brothers (Magherafelt) Ltd & Ors v Department of Education for Northern Ireland,  NICA 592. judgments of 26 September 2011.
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Northern Ireland Court of Appeal dismisses appeals regarding framework agreements
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