Q&As

If a contracting authority excludes an economic operator from a public procurement procedure, do they need to give reasons for their decision? Is failure to do so actionable?

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Produced in partnership with Peter Ware of Browne Jacobson
Published on: 23 November 2017

We have limited this answer to cover public procurement procedures under the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102 involving a separate selection stage.

PCR 2015, SI 2015/102, reg 55(1) provides that contracting authorities shall, as soon as possible, inform each candidate and tenderer of a decision reached concerning the conclusion of a framework agreement, the award of a contract or admittance to a dynamic purchasing system. PCR 2015, SI 2015/102, reg 55(2)(a), goes on to confirm that on request from the candidate or tenderer the contracting authority shall within 15 days of such a request inform them of the reasons for the rejection of its request to participate.

Furthermore, a contracting authority also needs to comply with the requirements of PCR 2015, SI 2015/102, reg 86.

PCR

Peter Ware
Peter Ware

Partner, Browne Jacobson

Peter specialises in complex procurement, shared services, outsourcing and public sector joint ventures. Prior to joining Browne Jacobson, Peter worked as a special projects adviser for Nottinghamshire County Council. His extensive knowledge of local authority law and his time leading major projects has given experience in advising all types of public bodies on commercial matters, in particular their public procurement, PPP and commercial work. He is also Finance and Membership Secretary of the Procurement Lawyers Association and a regular public speaker.

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Jurisdiction(s):
United Kingdom
Key definition:
Authority definition
What does Authority mean?

The public sector body procuring the project. This might, for example, be a local authority, an NHS trust, a central Government Department or a Non-Departmental Public Body.

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