Overview
This regulation requires contracting authorities to provide a notice to candidates and tenderers of their decision to award a contract or conclude a framework agreement, subject to certain exemptions.
The notice must include:
- criteria for awarding the contract
- the name of the successful tenderer to be awarded the contract or to become a party to the framework agreement
- the score (if any) obtained by the tenderer which is to receive the notice
- the score obtained by the tenderer to be awarded the contract, or to become a party to the framework agreement (as applicable)
- reasons for the decision, including characteristics and relative advantages of the successful tender
- reasons (if applicable) where the contracting authority considered the tenderer receiving the notice did not meet the technical specifications
- the anticipated end-date of the standstill period, or the date before which the contracting authority will not enter into the contract or conclude the framework agreement.
Information may be withheld from the notice if its release would impede law enforcement, harm a particular supplier's commercial interests, or prejudice fair competition.
The requirement to provide a notice in accordance with this regulation does not apply where the contract or framework agreement can be awarded without prior publication of a contract notice, or where there is only one tenderer. Additionally, the contracting authority is not required to provide a notice where the contract relates to an award under a framework agreement or Dynamic Purchasing System.
Separately, the contracting authority is not required to provide a notice to:
- any candidate informed of the rejection of its request to participate and reasons for such rejection, and
- any tenderer informed of its rejection and where the time limit for commencing proceedings has expired.