HT-2024-000023 - [2025] EWHC 63 (TCC)

On 23 June 2023, the ICB issued an invitation to tender (“ITT”) for the contract to provide the Urgent Care Centre at Corby. As described by the ICB, an Urgent Care Centre (“UCC”) is a treatment centre providing treatment for illness and injury requiring immediate care but less serious than that provided at an Accident and Emergency Department in a hospital. The incumbent provider of these services was the claimant, referred to as One Primary Care or OPC.

The ITT provided for an assessment to identify the most economically advantageous tender by reference to (i) a price analysis (scored on a pass or fail basis); (ii) a quality evaluation against defined criteria weighted 90% of the total score and with a requirement that the tenderer must score a minimum of 60%; and (iii) a social value evaluation, weighted 10% of the total score.

OPC and 4 other tenderers submitted tenders within the deadline of 27 June 2023. Following the evaluators’ evaluation of the quality and social value criteria, the ICB held a moderation meeting at which the final scores were reached. On 2 January 2024, the ICB sent standstill letters to the tenderers notifying them that the tender of DHU Healthcare CIC (“DHU”), the Interested Party, which is a not for profit community interest company, had been identified as the most economically advantageous and that the ICB intended to award the contract to DHU. DHU had scored 64.55% and OPC, which had ranked fourth, had scored 55.2%.

On 25 January 2024, OPC issued its Claim Form. In the Particulars of Claim, OPC made what can be summarised as transparency challenges, scoring challenges, and conflict of interest challenges. For the purposes of this application, the ICB accepts that the claim discloses a serious issue to be tried. The ICB filed its Defence on 21 March 2024.

The existing or old contract was due to terminate on 31 March 2024. Following negotiations with OPC, the ICB signed a contract variation with the claimant on identical terms to the existing contract (“the interim contract”) pursuant to which OPC has continued to provide services for the UCC. That interim contract is terminable on 3 months’ notice.