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Tendering: Entitlement to Feedback

May 28, 2012

Entitlement to Feedback

The New Remedies Directive (2009): Another clarification of the existing rules lies in what must be said in the notice to be given to losing bidders when a decision to award is taken and the fact of this decision is communicated to losing bidders in order to start the standstill period running (i.e. before the contract is entered into). The new regulation 32(2) requires that in such communications it must be stated: (i) what were the award criteria (and any sub-division thereof) (ii) what were the reasons for the decision, including the characteristics and relative advantages of the winning bid and the scores obtained (if any) of the individual party receiving the notice and the winner of the contract or the party being awarded the framework; This follows the principles of being, open, fair and transparent. You need to know you have been treated fairly in the process and in order to judge that you need a reasonable level of feedback.

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