The notification of tender decisions to set to contracts, framework agreements or dynamic purchasing systems where the procurement began (ie the contract notice or advertisement was sent to the OJEU) on or after 20 December 2009 must comply with the following notification procedures in respect of the standstill period:
There is a need for a minimum mandatory standstill period between communicating the award decision to candidates and tenderers. Note: a candidate is an economic operator that submitted an expression of interest (pre-qualification questionnaire) in a restricted, competitive dialogue or negotiated procedure and was not advised that it had not been invited to tender.
The standstill period does not apply to the following; however, voluntary standstills may be used to reduce the risk of a claim for ineffectiveness:
- to below threshold procurements
- to procurements outside the full scope of the procurement directives
- where single tendering takes place under the urgency provision of the negotiated procedure.
When notifying the award decision, the notification must contain:
- the award criteria
- where appropriate, the tenderer’s score
- where appropriate, the winning tenderer’s score
- the name of the winning tenderer(s)
- the reasons for failing to meet the technical specification
- the ‘characteristics and relative advantages’ of the winning tender(s)
Duration of the standstill period
The date the last communication is sent is Day 0, then
- if communication is by electronic means (email or fax) the standstill period must be a minimum of 10 days
- if communication is by non-electronic means (post, courier etc) the standstill period must be either 15 days for the last date of sending or 10 days from the date the last notification is received
The end of the standstill period should be
- extended if necessary to end on a 'working day', eg, around public holidays and weekends
- started promptly after the award decision is issued
If there is a legal challenge, the award of the contract must be suspended until the courts have rules (or the challenge is withdrawn).
Sample letters are provided here.
OGC published 3 guidance documents in December 2009: An Introduction; Standstill Period; New Remedies
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