The following Local Government Q&A produced in partnership with Marina Javed of Browne Jacobson provides comprehensive and up to date legal information covering:
While there is no set time limit for notifying tenderers of the outcome of a public procurement exercise, Article 55(1) of Directive 2014/24/EU (the Public Contracts Directive) and Public Contracts Regulations 2015 (PCR 2015), SI 2015/102, reg 55(1) require contracting authorities to inform each candidate/tenderer of its decision ‘as soon as possible’. This includes instances where the contracting authority has decided not to award a contract, or for example where they are going to recommence the procedure at a later date. This suggests that waiting two years to inform tenderers of the outcome would be unacceptable unless it could be justified that two years was the earliest possibility for notification, ie where internal processes and procedures meant that the earliest the contracting authority could notify tenderers was two years after the end of the procurement exercise.
In any case, PCR 2015, SI 2015/102, reg 55(2) requires the contracting authority to respond to requests from a tenderer within 15 days, or sooner, where there has been a request for reasons for rejection of its request to participate, rejection of its tender, details of the successful tenderer among other things. The effect of this means that where a contracting authority did not notify tenderers of the outcome, they would still be required
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