Q&As

Is there a time limit for notifying tenderers of the outcome of a public procurement exercise? Eg if a contracting authority waited two years to inform tenderers of a contract award decision, could the losing tenderers bring a challenge?

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Produced in partnership with Marina Javed of Browne Jacobson
Published on LexisPSL on 29/03/2018

The following Local Government Q&A produced in partnership with Marina Javed of Browne Jacobson provides comprehensive and up to date legal information covering:

  • Is there a time limit for notifying tenderers of the outcome of a public procurement exercise? Eg if a contracting authority waited two years to inform tenderers of a contract award decision, could the losing tenderers bring a challenge?
  • Is there a time limit for notifying tenderers of the outcome of a public procurement exercise?
  • If a contracting authority waits two years to inform tenderers of a contract award decision, could the losing tenderers bring a challenge?
  • Further reading

Is there a time limit for notifying tenderers of the outcome of a public procurement exercise? Eg if a contracting authority waited two years to inform tenderers of a contract award decision, could the losing tenderers bring a challenge?

Is there a time limit for notifying tenderers of the outcome of a public procurement exercise?

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

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