The Public Services Contracts Regulations 1993

Information about contract award procedures

23.—(1) A contracting authority shall, within 15 days of the date on which it receives a written request from any services provider who was unsuccessful (whether pursuant to regulation 11(8), 12(4), 12(5), 13(7), 13(8) or (21), inform that services provider of the reasons why he was unsuccessful and, if the services provider was unsuccessful as a result of the evaluation of offers made in accordance with regulation 21, the name of the person awarded the public services contract.

(2) A contracting authority shall prepare a record in relation to each public services contract awarded by it specifying—

(a) the name and address of the contracting authority;

(b) the services to be provided under the public services contract and the value of the consideration to be given under it;

(c) the names of the persons whose offers were evaluated in accordance with regulation 21 and, where the contracting authority has used the restricted or negotiated procedure, the reasons for their selection;

(d) the names of the persons who were unsuccessful pursuant to regulation 11(8), 12(4), 12(5), 13(7) or 13(8) and the reasons why they were not successful;

(e) the name of the person to whom the public services contract was awarded and the reasons for having awarded the contract to him;

(f) if known to the contracting authority, the services under the public services contract which the person to whom the contract has been awarded intends to sub-contract to another person;

(g) in the case of a contracting authority which used the negotiated procedure, which of the circumstances specified in regulation 10(2) constituted grounds for using that procedure.

(3) If the Treasury requests a report containing the information specified in paragraph (2) above in relation to public services contract, the contracting authority shall send a written report containing that information, or the main features of it, to the Treasury for onward transmission to the Commission.

(4) Where a contracting authority decides not to award a public services contract in respect of which a contract notice was published nor to seek offers in relation to another contract for the same purposes it shall inform the Official Journal of that decision and shall, if so requested in writing by any services provider who submitted an offer or who applied to be included amongest the persons to be selcted to tender for or to negotiate the contract, inform him of the reasons for its decision.