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Procurement Reform (Scotland) Act 2014

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32Giving of reasons to unsuccessful participants

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(1)This section applies to a regulated procurement (other than an EU-regulated procurement).

(2)A contracting authority must, as soon as reasonably practicable after deciding to exclude an economic operator from participating in the procurement process at any stage before the economic operator has submitted a tender, notify its decision to the economic operator.

(3)A notice under subsection (2) must include the following information—

(a)the names of the economic operators who have not been so excluded,

(b)the criteria used to exclude the economic operator in question,

(c)the contracting authority’s scoring (if any), against those criteria, of the economic operator.

(4)A contracting authority must, as soon as reasonably practicable after deciding to award a contract, notify its decision to all unsuccessful tenderers.

(5)A notice under subsection (4) must include the following information—

(a)the name of the successful tenderer,

(b)the criteria used to award the contract,

(c)the contracting authority’s scoring, against those criteria, of the unsuccessful tenderer and the successful tenderer.

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