TSI (Ireland) Limited t-a Rainbow Telecom for Judicial Review
| Jurisdiction | Northern Ireland |
| Judge | Girvan J |
| Judgment Date | 16 December 2005 |
| Neutral Citation | [2005] NIQB 87 |
| Date | 16 December 2005 |
| Court | Queen's Bench Division (Northern Ireland) |
| Year | 2005 |
Public law – whether tendering process by government department raised issues of
public law
Neutral Citation no. 2005 NIQB 87
Ref:
GIRC5414
Judgment: approved by the Court for handing down Delivered:
16/12/05
(subject to editorial corrections)*
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
QUEEN’S BENCH DIVISION (JUDICIAL REVIEW)
________
IN THE MATTER OF AN APPLICATION BY TSI (IRELAND) LIMITED
T/A RAINBOW TELECOM FOR JUDICIAL REVIEW
AND IN THE MATTER OF DECISIONS OF THE DEPARTMENT OF
FINANCE AND PERSONNEL MADE ON IN OR ABOUT AUGUST 2005
________
GIRVAN J
[1] The applicant is TSI (Ireland) Limited trading as Rainbow Telecom
which claims to be one of Northern Ireland’s leading providers of
telecommunication services carrying over 8 million units a month with almost
3,000 customers. On 23 June 2005 it obtained an invitation to tender for the
Northern Ireland Civil Service Public Switch Telephone Network Services
Framework from the Central Procurement Directorate of the Department of
Finance and Personnel. The purpose of the tender process was to establish a
framework of a number of tenderers for the supply of PSTN services to the
Northern Ireland Civil Service departments, their agencies, the Northern
Ireland Office and other public sector bodies. The stated purpose of the
exercise was to include a number of tenderers to encourage best value for
money at all times. While no level of business was guaranteed to any
tenderer inclusion on the framework nevertheless offered a significant
commercial opportunity. The term of the contract was to be for an initial two
year period with two further options to extend. It is important to note that
the tendering process related to the private telephone network of the Northern
Ireland Civil Service known as DIAL. DIAL seeks to take advantage of the
best value for money services in the sector.
[2] On 6 July 2005 the applicant submitted its tender. It was advised on 10
August 2005 that its tender was unsuccessful. The applicant complains that
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