Losing bidder for M50 toll challenges award of contract

US group TransCore says National Roads Authority erred in evaluation of tenders

A dispute over the award of a contract to operate the tolling contract on the M50 motorway has come before the Commercial Court.

US-based TransCore has sued the National Roads Authority (NRA), operating as Transport Infrastructure Ireland, in relation to a contract worth €200 million-€400 million.

TransCore wants various orders setting aside the authority's decision to award the contract for the next generation eflow tolling operations and any future toll points on the M50 road network to a consortium Turas.

It argues the decision last February is invalid and fails to comply with requirements of public procurement law and the relevant EU directive relating to award of contracts to operate public works.

Represented by Joe Jeffers, TransCore, a subsidiary of Roper Technologies, argues it was informed it had been ranked as the second placed tenderer in the competition.

Counsel said its case was that the manner in which the authority evaluated tenders failed to comply with the procurement regulations. The NRA made an erroneous and unlawful evaluation of part of the winning tender, it is argued.

The case was admitted on Monday to the fast-track Commercial Court by Mr Justice Brian Cregan.

Brian Murray, for the NRA, said another unsuccessful bidder for the “significant” contract was also bringing proceedings over the tendering process. The NRA intended to apply to have that other action also transferred to the Commercial Court and to have both actions heard together, counsel said.

The judge adjourned TransCore’s case to later this month.