Reg. 55 (PCR 2015)

Informing candidates and tenderers

In: Procure > Contract award and implementation

Overview

This regulation requires contracting authorities to inform candidates and tenderers, as soon as possible, of decisions regarding the conclusion of framework agreements, contract awards, or admission to Dynamic Purchasing Systems.

This regulation also requires contracting authorities to inform candidates and tenderers of decisions where a framework agreement has not been concluded, contracts not awarded, Dynamic Purchasing Systems not implemented, or recommencing procedures.

The contracting authority may withhold certain information if its release would impede law enforcement, would be contrary to the public interest, harm the legitimate commercial interests of a supplier, or undermine fair competition.

Unsuccessful candidates must be provided with reasons for rejection of their request to participate within 15 days of the contracting authority receiving a written request.

Objective at this commercial stage

Candidates and tenderers must be informed as soon as possible of the contracting authority’s decision regarding the conclusion of framework agreements, contract awards, or admission to Dynamic Purchasing Systems.

Key considerations at this commercial stage

Contracting authorities must:

  • as soon as possible, inform candidates and tenderers of decisions regarding the conclusion of framework agreements, contract awards, or admission to Dynamic Purchasing Systems. This includes the grounds for any decision not to conclude a framework agreement, not to award a contract, not to implement a Dynamic Purchasing System, or to recommence the procedure.

There is no direct equivalent section in the Procurement Act 2023

Additional support and guidance

Make sure you:

  • read the regulation
  • seek legal and commercial advice in the context of specific procurements