A contracting authority shall notify the candidates and tenderers in writing as soon as possible regarding the decisions made to award a contract and the reasons for this decision.
This also applies when concluding a framework agreement.
If a standstill period is to run, i.e. a prohibition against concluding agreements for a certain period after notification of an award decision, the length of the standstill period must also be stated in the notification. The notification does not have to be in writing for the direct award of contracts.
A written notification, stating the objective grounds, shall also be provided for decisions to withdraw an invitation for tender or for decisions to recommence a procurement process. The aim of this obligation is to make sure that suppliers will be better able to claim their right to apply for review. It is therefore important that contracting authorities clearly formulate information on award decisions to show the circumstances on which the decision to accept a certain tender is based.
It is not sufficient for the contracting authority to simply state as reasons that the winning supplier’s tender was the one that was the most economically advantageous. If the tender is accepted on these grounds, the authority should also inform about the circumstances that has been considered in the award decision. The length of the standstill period should also be stated in the award decision.
The standstill period means a prohibition for a certain period for the contracting authority to conclude agreements and thereby award the contract. Concluding an agreement means that the contract is awarded and can no longer be reviewed. The aim of a standstill period is to give suppliers, whose tenders were not accepted, time to consider a review.
If the contracting authority has provided information that is too vague, this may mean that a standstill period will not start running, which means that the authority may not award the contract and conclude agreements.