Q&As

If a bidder’s tender has been rejected (and reasons provided at the point of rejection), does the contracting authority still have to send a standstill letter to that bidder?

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Published on LexisPSL on 04/02/2019

The following Public Law Q&A provides comprehensive and up to date legal information covering:

  • If a bidder’s tender has been rejected (and reasons provided at the point of rejection), does the contracting authority still have to send a standstill letter to that bidder?
  • Standstill requirements generally
  • Standstill under the light touch regime
  • Further reading

If a bidder’s tender has been rejected (and reasons provided at the point of rejection), does the contracting authority still have to send a standstill letter to that bidder?

In conducting our research, we have focussed on public procurement under the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102.

Standstill requirements generally

Under PCR 2015, SI 2015/102, reg 86, a procurement award notice (standstill notice) should be sent to all:

  1. tenderers (ie any economic operators that have submitted a tender that has not been definitively excluded from the procedure), and

  2. candidates (ie any economic operators that have been invited/sought an invitation to take part in the procurement and have not already been notified of their rejection and the reasons for it)

This means that a contracting authority must provide the relevant standstill information to all unsuccessful tenderers, apart from any that have already been ‘definitively excluded’, together with any candidates that have not already been informed of the rejection of their application to participate. Under PCR 2015, SI 2015/102, reg 86(8), a tenderer is 'definitively excluded' where they have been notified of their exclusion and either:

  1. the court has held the exclusion to be lawful, or

  2. the time limit for starting court proceedings has expired (even on the assumption that the court would have granted the maximum possible

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