The contractor claims that flawed scoring and a mishandled moderation process denied it a place on the coveted southern region major projects lot.
It alleges that the Department for Education failed to evaluate submissions correctly under the Procurement Act 2023, citing manifest scoring errors and the use of undisclosed assessment criteria.
Bouygues placed 11th overall with a score of 74.67 out of 100, narrowly missing out on a framework position. The final 10th spot was secured by McLaren Construction with 74.8 points.
According to the contractor, the marginal 0.13-point gap has excluded it from a six-to-eight-year pipeline of high-value new-build and refurbishment schemes across London and the south of England.
Given the slim difference and the weighting structure applied, Bouygues argues that even a single-step uplift in its scoring — or a corresponding reduction in its competitor’s marks — would have altered the outcome.
In particulars of claim lodged with the Technology & Construction Court, the firm contends that minor weaknesses in its submission were overstated, while comparable issues in rival bids were treated more leniently.
It also challenges the moderation stage, alleging that higher preliminary scores were reduced without adequate explanation, resulting in an assessment process that lacked transparency and consistency.
The dispute focuses on marking for questions relating to nature-based solutions, building fabric, technology integration and social value commitments. Bouygues claims evaluators repeatedly referred to “risk to the Department” as justification for lower scores without identifying any specific risks in the moderation record.
The contractor further alleges that a more experienced assessor initially awarded stronger marks on several key criteria, only for those scores to be cut back during moderation without clear documented reasoning.
Bouygues is asking the court to overturn the Lot 2 award decision or, alternatively, to order that it be granted a place on Construction Framework 25.
If that relief is not granted, the firm is seeking damages for loss of opportunity, wasted bid expenditure and lost profit.
Proceedings were issued on 5 January 2026. The Department is expected to argue that the claim has been brought out of time, but Bouygues maintains that it acted within the statutory deadline or, alternatively, that a short extension should be permitted.