Part 3Specific duties

Giving of reasons

I132Giving of reasons to unsuccessful participants

1

This section applies to a regulated procurement (other than F1a higher value 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.

I233Request for further information

1

The following persons may request further information in relation to a regulated procurement (other than F2a higher value regulated procurement)—

a

an economic operator who was excluded from participating in the procurement process before it submitted a tender,

b

an unsuccessful tenderer,

c

the successful tenderer.

2

The request must be—

a

in writing, and

b

made before the end of the period of 30 days beginning on—

i

in the case of a person mentioned in subsection (1)(a) or (b), the day the person received a notice under section 32,

ii

in the case of the successful tenderer, the day on which it was notified of the decision to award the contract.

3

The contracting authority must, before the end of the period of 30 days beginning on the day it receives the request, provide the relevant information.

4

The relevant information is—

a

in the case of an economic operator excluded from the participating in the procurement process, a summary of the reasons why the economic operator was excluded,

b

in the case of an unsuccessful tenderer—

i

a summary of the reasons why the tenderer was unsuccessful, and

ii

the characteristics and relative advantages of the successful tender,

c

in the case of the successful tenderer, a description of any improvements the contracting authority considers the tenderer could have made to its tender.

I334Withholding information

Despite sections 32 and 33, the contracting authority may withhold information from a person if it considers that disclosure would—

a

impede law enforcement or otherwise be contrary to the public interest,

b

prejudice the commercial interests of any person, or

c

prejudice fair competition between economic operators.