Henry Brothers (Magherafelt) Ltd & Ors v Department of Education for Northern Ireland

Facts

A contracting authority seeking tenders for inclusion within a framework agreement could not omit, at the primary consideration stage, criteria relating to price. Unless the cost of the relevant goods or service was fixed, it would be very difficult to reach any objective determination of what was economically advantageous without some indication of price in relation to which other non-price advantages could be taken into account.