The Utilities Contracts (Scotland) Regulations 2012

Information about contract award procedures and standstill period

33.—(1) Subject to paragraphs (4) and (10), a utility must by notice in writing as soon as possible after the decision has been made, inform all tenderers and all candidates concerned (if any) of its decision to—

(a) award the contract; or

(b) conclude the framework agreement.

(2) The notice referred to in paragraph (1) must include—

(a) the criteria for the award of the contract;

(b) where practicable, the score obtained by—

(i) the economic operator which is to receive the notice; and

(ii) the economic operator—

(aa) to be awarded the contract; or

(bb) to become a party to the framework agreement;

(c) the name of the economic operator—

(i) to be awarded the contract; or

(ii) to become a party to the framework agreement;

(d) in the case of an unsuccessful economic operator, a summary of the reasons why the economic operator was unsuccessful;

(e) in the case of an unsuccessful tenderer, the characteristics and relative advantages of the successful tender; and

(f) a precise statement of the effect of paragraph (3) on the economic operator which is to receive the notice.

(3) A utility must allow a period of at least the relevant standstill period to elapse between the date of dispatch of the notice referred to in paragraph (1) and the date on which that utility enters into the contract or concludes the framework agreement.

(4) Paragraphs (1) to (3) do not apply where—

(a) the only tenderer is the economic operator to be awarded the contract or to become a party to the framework agreement, and there are no candidates concerned; or

(b) the contract is a contract awarded under a framework agreement or a dynamic purchasing system.

(5) Without prejudice to paragraph (4), paragraph (3) does not apply where—

(a) the contract or framework agreement is exempt from the requirement to make a call for competition; or

(b) there are no tenderers concerned or candidates concerned.

(6) Subject to paragraph (10), a utility must within 15 days of the date on which it receives a request in writing from any economic operator which was unsuccessful—

(a) inform that economic operator of the reasons why it was unsuccessful; and

(b) in the case of an unsuccessful tenderer, other than a tenderer which has been informed by notice under paragraph (1), inform that economic operator of the characteristics and relative advantages of the successful tender and the name of—

(i) the economic operator to be awarded the contract;

(ii) the parties to the framework agreement; or

(iii) the economic operators admitted to the dynamic purchasing system.

(7) The reasons referred to in paragraphs (2)(d) and (6)(a) include any reason for the utility’s decision that the economic operator did not meet the technical specifications or their equivalent—

(a) as specified in regulation 12(6); or

(b) in terms of the performance or functional requirements referred to in regulation 12(7).

(8) Subject to paragraph (10), a utility must as soon as possible after the decision has been made, inform all candidates and tenderers of its decision to abandon or to recommence a contract award procedure in respect of which a call for competition has been made, in relation to—

(a) the award of a contract;

(b) the conclusion of a framework agreement; or

(c) the establishment of a dynamic purchasing system.

(9) A utility which informs an economic operator of its decision in accordance with paragraph (8) must include the reasons for the decision and, if so requested by the economic operator, must provide the decision and reasons in writing.

(10) A utility may withhold any information to be provided in accordance with paragraph (1), (6) or (8) where the disclosure of such information—

(a) would impede law enforcement;

(b) would otherwise be contrary to the public interest;

(c) would prejudice the legitimate commercial interests of any economic operator; or

(d) might prejudice fair competition between economic operators.