TfL accused of 'manifestly erroneous' assessment of Silvertown bids

29/08/2019
Dom Browne

Transport for London's (TfL) procurement of the £1bn Silvertown tunnel was 'flawed, in breach of the principles of equal treatment […] and manifestly erroneous', according to the legal case brought by rival bidders.

The award of the contract has been suspended after losing bidder Silver Thames Connect (STC) - comprising Hochtieff, Dragados and Iridium Concesiones de Infraestructuras - submitted a Part 7 Claim to the Technology and Construction Court.

”Local

John Laing, which is also part of the STC consortium, is understood to not be a claimant in the case.

The Riverlinx consortium (consisting of Ferrovial subsidiary Cintra, Bam PPP PGGM, Macquarie Capital and SK E+C) was named as preferred bidder in May. However, the Part 7 Claim related to procurement automatically results in a legal suspension of the defendant’s right to award a contract.

The court documents state that TfL gave price an 85% weighting on the overall procurement evaluation, with commercial submissions accounting for 10% and ground condition rates the final 5%.

STC scored the maximum 85% for price, while the Riverlinx consortium scored 82.34%, but still lost by just half a percent when all factors were scored.

A significant focus of the case could be the individual marking of the STC bid, with one assessor scoring it significantly lower than the other two.

STC was scored at 15 and 12 out of 20 by two assessors (Neil Chester and Chris Hemmingsley) but only 4 out of 20 by Andrew Lunt.

Mr Lunt cited an issue regarding crane location; however STC argue that this element 'did not form part of the Critical Consent required' and that 'Lunt’s manifestly erroneous approach' should not have been followed.

'The Defendant [TfL] treated STC unfairly and/or unequally in comparison to Riverlinx and/ or in breach of its obligation of transparency in that it […] did not enquire into or evaluate Riverlinx’s proposals for crane access for the footbridge,' the papers state.

TfL had nothing to add to previous statements regarding the case details, when a spokesperson said: 'We are disappointed that our reserve bidder, STC, has decided to challenge the outcome of our procurement process for the design, build, finance and maintain contract for the Silvertown Tunnel. We will respond to their claim in due course.'

Highways jobs

Civil Service Deputy Director Roles

GOV.UK
£70,000 - £117,800 & excellent rewards
We’re looking for significant experience of engaging at C-Suite and Board levels, excellent partnership-building and... England
Recruiter: GOV.UK

Engineer (Highways Scheme Design)

Medway Council
£31,888 - £37,646 per annum
The post-holder will be required to have highway engineering expertise in order to contribute to efficient and effective provision of... Medway City Estate, Rochester
Recruiter: Medway Council

Principal Flood Risk Officer

Lancashire County Council
£42,683-£46,566
We have an exciting opportunity for a Principal Floor Risk Officer Lancashire
Recruiter: Lancashire County Council

Resources and Waste Commercial and Contracts Manager

Northumberland County Council
£47,107 - £50,394
We are looking for a strategic, innovative and performance-focused leader to join us as Resources and Waste; Commercial and Contracts Manager. County Hall, Morpeth, Northumberland
Recruiter: Northumberland County Council

SEN Travel Assessment Co-ordination Officer

London Borough of Bexley
£35,529 - £41,796
We are currently seeking an experienced officer administrator who will enjoy working as team and under their own initiative, with duties including... Bexleyheath, London (Greater)
Recruiter: London Borough of Bexley

Principal Planning Liaison Officer X3

Somerset County Council
£33,799 to £37,849 per annum
We have a number of fantastic opportunities in Somerset at various levels Taunton, Somerset
Recruiter: Somerset County Council

Principal Estate Roads Engineer

Somerset County Council
£33,799 to £37,849 per annum
We have a number of fantastic opportunities in Somerset at various levels Taunton, Somerset
Recruiter: Somerset County Council

Principal Travel Plan Officer

Somerset County Council
£33,799 to £37,849 per annum
We have a number of fantastic opportunities in Somerset at various levels Taunton, Somerset
Recruiter: Somerset County Council

Assistant Estate Roads Engineer x2

Somerset County Council
£25,295 to £28,785 per annum
We have 2 exciting opportunities for enthusiastic and committed individuals to join our Highways Development Management Team Taunton, Somerset
Recruiter: Somerset County Council

Highways Infrastructure and Maintenance Manager

Bridgend County Borough Council
£38,813 - £40,760 per annum
An exciting opportunity has arrived inside the Highway Asset Maintenance Team within the Communities Directorate. Bridgend (Pen-y-bont ar Ogwr)
Recruiter: Bridgend County Borough Council

Design Services Manager

Lincolnshire County Council
£50,430 - £55,503
We are a team of mixed experience and skills, proud to serve the people of Lincolnshire and have fun whilst doing so! Lincolnshire
Recruiter: Lincolnshire County Council

Transport Planning Officer

North Yorkshire County Council
£29,636 to £32,029
We are looking for a Transport Planning Officer to join our Highways and Transportation service. Northallerton, North Yorkshire
Recruiter: North Yorkshire County Council

Transforming Cities Fund - Project Delivery Manager

North Yorkshire County Council
£48,000 to £55,840
We are looking to appoint to the pivotal position of TCF Project Delivery Manager on a 3 year fixed-term contract, to... Northallerton, North Yorkshire
Recruiter: North Yorkshire County Council

Funeral Operative (Part Time)

Brent Council
£24,462 - £26,274 (pro-rata) p.a. inc.
The person will not need previous experience in funeral services as full training will be given but experience would be an advantage. Wembley, London (Greater)
Recruiter: Brent Council

Field Officer

Northumberland County Council
£21,589 - £23,836
Field Officer, Permanent,  37 hours per week.  Closing date 29 May 2020 at midnight  Plessey Woods Country Park
Recruiter: Northumberland County Council

Solicitor - Planning & Transportation Team

Birmingham City Council
£34,788 - £42,683
This is an opportunity to join a team of specialist lawyers dedicated to the Council achieving... Birmingham, West Midlands
Recruiter: Birmingham City Council

Application Support Analyst

Redbridge London Borough Council
£34,794.00 - £36,711.00
Looking for an experienced Application Support Analyst to join our IT & Digital Services team.  Redbridge, London (Greater)
Recruiter: Redbridge London Borough Council

Engineer (Drainage)

Medway Council
£31,888 - £37,646 per annum
The post holder will be expected to work closely with our term maintenance contractor to successfully complete schemes. Medway City Estate, Rochester
Recruiter: Medway Council

Refuse Drivers - Rolling Advert, applications checked weekly

Royal Borough of Greenwich
£22.377 - £23.607
It is an exciting time in Waste and Street Services at the Royal Borough of Greenwich. Greenwich, London (Greater)
Recruiter: Royal Borough of Greenwich

Car Parks and Neighbourhoods Manager

Derbyshire Dales District Council
£36,876 - £39,782 per annum
An exciting opportunity has arisen to lead and develop the Derbyshire Dales District Council’s Neighbourhoods team. Derbyshire
Recruiter: Derbyshire Dales District Council

Highways on Fridays

Register now!

Latest Issue

latest magazine issue

Crossing the inflection point

COVID-19 recovery plans revealed

Modelling a changing world

The great reallocation

View the latest issue

Latest Video