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Dickinson Dees Guide to the Art of Giving Reasons to Unsuccessful Bidders

last updated: 13th August 2012

The Art of Giving Reasons.pdf

807KB

NEW GUIDANCE ON WHAT CONSTITUTES SUFFICIENT INFORMATION

In September 2010, the General Court handed down judgments on three appeals by the same company (Evropaiki Dynamiki or “ED”) against its rejection from procurement procedures. In each of the three appeals, ED challenged (among other things)
on the basis that the contracting authority had failed to fulfil its obligations to provide an adequate statement of reasons for its decision. Giving reasons is an area where practice within contracting authorities differs significantly and where little practical guidance is available to assist contracting authorities in deciding on what level of information is adequate. As in one of the three appeals, the contracting authority’s decision to reject ED’s bid and to award the contract to the successful bidder was annulled on the basis that it had failed to fulfil its obligations to provide an adequate statement of reasons, it is clear how important to it is to get this right. In this note, we look at some of the more important aspects of the ED appeals and set out some practical advice for contracting authorities when giving reasons.

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