Sita UK formally lodges appeal in Greater Manchester waste challenge

Recycling company Sita UK has formally lodged an appeal after a High Court judge last month struck out its challenge against the letting of the UK‘s largest-ever waste PFI contract.

Sita UK launched legal proceedings on 27 August 2009 alleging breaches of procurement regulations in the award of the contract by the Greater Manchester Waste Disposal Authority. Sita UK also claimed that its initial bid was 15% below that of its competitor. The contract was awarded in April 2009.

Mr Justice Mann ruled that the challenge was out of time, in that Sita should have issued proceedings on 3 August. The judge said there was “no good reason to exercise any discretion to extend it”.

The decision followed the Uniplex case at the European Court of Justice, which ruled in January this year that suppliers have three months from the date they learn of an infringement to bring a challenge under EU procurement rules.

Sita UK afterwards pointed to the judge’s acknowledgement that there are grounds “for public interest reasons for an appeal if SITA wish” and also to his comment that the manner in which information was provided to the company was “a more troubling point”.

It claimed that GMWDA had not procured the most economically advantageous tender.