An important new case has raised doubts as to whether it is legitimate to average evaluators' scores. In Bromcom Computers v United Learning Trust 2022, the judge said that the transparency obligations under the Public Contracts Regulations 2015 meant that it was not transparent simply to average evaluators' separate individual scores. The judge suggested that there needed to be some form of moderation process leading to a single whole number score in line with the scoring table in the invitation to tender.  

We intend to publish a more detailed ebriefing on this case but wanted to let contracting authorities know of this important development as soon as possible.

The case means that any contracting authority that simply averages evaluators' scores, rather than using a moderation process to achieve a consensus score, risks challenge.