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
Unsuccessful tenderers must be provided with reasons for rejection of their tender within 15 days of the contracting authority receiving a written request.
Key considerations at this commercial stage
Contracting authorities must, within 15 days of receiving a written request from a supplier:
- provide reasons for the rejection of the tender (where applicable)
- provide the name of the successful tender or parties to the framework agreement, as well as the characteristics and relative advantages (only where the supplier has submitted an admissible tender)
- provide information about the conduct and progress of negotiations and dialogue if the supplier has submitted an admissible tender.
Legal framework
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
