Procurement Reform (Scotland) Act 2014

33 Request for further information S

(1) The following persons may request further information in relation to a regulated procurement (other than [F1 a 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.

Textual Amendments

F1 Words in s. 33(1) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 3(3) (with sch. paras. 1-5)

Commencement Information

I1 S. 33 in force at 18.4.2016 by S.S.I. 2016/30, art. 3 (with art. 5)