PART 8Information and notices: general provision
I198Record-keeping
1
A contracting authority must keep such records as the authority considers sufficient to explain a material decision made for the purpose of awarding or entering into a public contract.
2
For the purposes of subsection (1), a decision is “material” if, under this Act, a contracting authority is required—
a
to publish or provide a notice, document or other information in relation to the decision, or
b
to make the decision.
3
A contracting authority must keep records of any communication between the authority and a supplier that is made—
a
in relation to the award or entry into of a public contract, and
b
before the contract is entered into.
4
A record under this section must be kept until—
a
the day on which the contracting authority gives notice of a decision not to award the contract (see section 55), or
b
the end of the period of three years beginning with the day on which the contract is entered into or, if the contract is awarded but not entered into, awarded.
5
This section does not apply in relation to defence and security contracts.
6
This section does not affect any other obligation under any enactment or rule of law by virtue of which a contracting authority must retain documents or keep records, including for a longer period.