Challenges to €23.5m street light contract admitted to Commercial court

High Court reporters

Two separate challenges to the awarding of a €23.5 million contract to retrofit some 45,000 street lights in the North West 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.

Both have brought separate proceedings against Mayo Co Council which is the lead contracting authority for the work on behalf of seven local authorities in the north-west.

In March 2023, Mayo Co Council notified tenderers that BAM KLS JV was the preferred bidder.

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.

Mayo Co 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.