Remedies guidance 3 - standstill period

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Procurement Remedies

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Remedies guidance 3 - standstill period

  1. 1. The standstill period –before and after For procurements commenced on or after 20 December 2009, there are changes to the standstill procedure which must be applied between decision and contract award. The table which follows summarises these changes. Before After Notification of decision to all tenderers Notification not required to unsuccessful and PQQ applicants. PQQ candidates notified at earlier stage. Notice to detail criteria, scores, and the Notice to contain more information. See name of the successful tenderer. below. Minimum standstill period of 10 days. Minimum standstill period of 10 days only if electronic communication is used. With postal or other communication, the minimum period is 15 days. Bidders may apply for accelerated No accelerated debrief procedure. debrief within first two working days of Minimum standstill period runs from period. Standstill period to include 3 notice, without reference to intermediate working days after debrief provided. debrief requests. Single tenderer exemption applied only Single tenderer exemption applies to negotiated procedure. generally. Counting the days...... Contents of standstill notices: Assuming electronic communication and no  contract award criteria; interdict or other proceedings:  where practicable, the score of the Day 0 –last standstill notice sent tenderer or candidate receiving the notice; Day 1 –day after notice issued  name of the successful tenderer; Day 10 –last day of standstill period  score of the successful tenderer; Day 11 –contract may be awarded from 0001  a summary of the reasons why the tenderer or candidate was unsuccessful; Counting working days....  for tenderers (not candidates), the If day 10 is not a working day, the contract may characteristics and relative advantages of not be awarded until the day after the next the successful tender; working day. So, if day 10 is a Saturday, the contract cannot be awarded until Tuesday.  a precise statement as to the effect of the standstill period on the recipient's rights. However, if day 10 was a Friday, the contract could be awarded on Saturday. This note is by its nature a summary only, and is not legal advice.

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