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Procurement Reform (Scotland) Act 2014, Cross Heading: Giving of reasons is up to date with all changes known to be in force on or before 11 October 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)This section applies to a regulated procurement (other than [F1a higher value regulated procurement]).
(2)A contracting authority must, as soon as reasonably practicable after deciding to exclude an economic operator from participating in the procurement process at any stage before the economic operator has submitted a tender, notify its decision to the economic operator.
(3)A notice under subsection (2) must include the following information—
(a)the names of the economic operators who have not been so excluded,
(b)the criteria used to exclude the economic operator in question,
(c)the contracting authority's scoring (if any), against those criteria, of the economic operator.
(4)A contracting authority must, as soon as reasonably practicable after deciding to award a contract, notify its decision to all unsuccessful tenderers.
(5)A notice under subsection (4) must include the following information—
(a)the name of the successful tenderer,
(b)the criteria used to award the contract,
(c)the contracting authority's scoring, against those criteria, of the unsuccessful tenderer and the successful tenderer.
Textual Amendments
F1Words in s. 32(1) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 3(3) (with sch. paras. 1-5)
Commencement Information
I1S. 32 in force at 18.4.2016 by S.S.I. 2016/30, art. 3 (with art. 5)
(1)The following persons may request further information in relation to a regulated procurement (other than [F2a higher value regulated procurement])—
(a)an economic operator who was excluded from participating in the procurement process before it submitted a tender,
(b)an unsuccessful tenderer,
(c)the successful tenderer.
(2)The request must be—
(a)in writing, and
(b)made before the end of the period of 30 days beginning on—
(i)in the case of a person mentioned in subsection (1)(a) or (b), the day the person received a notice under section 32,
(ii)in the case of the successful tenderer, the day on which it was notified of the decision to award the contract.
(3)The contracting authority must, before the end of the period of 30 days beginning on the day it receives the request, provide the relevant information.
(4)The relevant information is—
(a)in the case of an economic operator excluded from the participating in the procurement process, a summary of the reasons why the economic operator was excluded,
(b)in the case of an unsuccessful tenderer—
(i)a summary of the reasons why the tenderer was unsuccessful, and
(ii)the characteristics and relative advantages of the successful tender,
(c)in the case of the successful tenderer, a description of any improvements the contracting authority considers the tenderer could have made to its tender.
Textual Amendments
F2Words in s. 33(1) substituted (31.12.2020) by The Public Procurement etc. (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/468), regs. 1(2), 3(3) (with sch. paras. 1-5)
Commencement Information
I2S. 33 in force at 18.4.2016 by S.S.I. 2016/30, art. 3 (with art. 5)
Despite sections 32 and 33, the contracting authority may withhold information from a person if it considers that disclosure would—
(a)impede law enforcement or otherwise be contrary to the public interest,
(b)prejudice the commercial interests of any person, or
(c)prejudice fair competition between economic operators.
Commencement Information
I3S. 34 in force at 18.4.2016 by S.S.I. 2016/30, art. 3 (with art. 5)
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