The High Court has dismissed a challenge by Word Perfect Translation Services Limited to the State’s tender for Irish-language translation services, ruling that the company was not eligible to bring the case because it did not submit a tender.
Mr Justice Twomey held that, save in exceptional circumstances, a supplier must have submitted a tender to establish an interest in obtaining a public contract for the purposes of challenging the procurement process. He found that the tender terms Word Perfect disputed did not prevent it from bidding or from being awarded a contract, and that the company could not rely on an exception to the usual requirement.
The judgment did not decide whether the tender terms were unlawful. The court considered the eligibility issue as a separate preliminary question and said it was therefore unnecessary to determine Word Perfect’s substantive claims.
Word Perfect had challenged a request for tenders issued by the Office of Government Procurement for a four-year, €10 million framework covering Irish-language translation. It argued that the framework’s rotation system for allocating some contracts, a minimum rate of 11 cent per word, and a €40,000 turnover threshold breached EU legal principles. The company said the terms limited its ability to compete, including on price.
The State said the measures followed a review of the previous framework and were intended to improve translation quality and widen participation, particularly by small and medium-sized suppliers. Those arguments about the tender’s merits were not decided.
The tender process had been automatically suspended after Word Perfect began proceedings on 11 June 2021, before the tender deadline. The Court of Appeal had kept the suspension in place pending the High Court hearing. In dismissing the challenge, Mr Justice Twomey said the automatic suspension would come to an end.
The court directed the parties to try to agree outstanding matters without further court time and provide any draft agreed order to the Registrar. The case was provisionally listed for mention one week after judgment, if needed.