Part 3Specific duties

Giving of reasons

I133Request for further information

1

The following persons may request further information in relation to a regulated procurement (other than F1a 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.