When should already excluded tenderers receive an “Alcatel” letter?

May 2, 2018

Regulation 86(1) of the Public Contract Regulations 2015 requires contracting authorities to “send to each candidate and tenderer a notice communicating its decision to award the contract or conclude the framework agreement”.

As per Regulation 86(7):

(a)       “candidate” means a candidate, as defined in regulation 2(1), which—

       (i) is not a tenderer, and

      (ii) has not been informed of the rejection of its application and the reasons for it;

(b)       “tenderer” means a tenderer, as defined in regulation 2(1), which has not been definitively excluded.

The Public Contract Regulations 2015 further provide that “candidate means an economic operator that has sought an invitation or has been invited to take part in a restricted procedure, a competitive procedure with negotiation, a negotiated procedure without prior publication, a competitive dialogue or an innovation partnership

It is further provided by Regulation 86(8):

For the purposes of paragraph (7)(b), an exclusion is definitive if, and only if, the tenderer has been notified of the exclusion and either—

(a)       the exclusion has been held to be lawful in proceedings under Chapter 6; or

(b)       the time limit for starting such proceedings has expired even on the assumption

Tenderers who have already been informed of their exclusion should therefore not expect to receive an Alcatel letter upon award of the contract if:

  1. You have been informed that your tender has been rejected and you have been given reasons for the rejection; and
  2. The 30 day limitation period has expired since being informed

This article has been produced for general information purposes and further advice should be sought from a professional advisor. Please contact Lisa Boyd, head of procurement law on l.boyd@cfrlaw.co.uk or 02890271348