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

Remedies guidance 3 - standstill period

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Procurement Remedies

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Page 1: Remedies guidance 3 - standstill period

This note is by its nature a summary only, and is not legal advice.

The standstill period –before and after

For procurements commenced on or after 20 December2009, there are changes to the standstill procedure whichmust be applied between decision and contract award.

The table which follows summarises these changes.

Before After

Notification of decision to all tenderersand PQQ applicants.

Notification not required to unsuccessfulPQQ candidates notified at earlier stage.

Notice to detail criteria, scores, and thename of the successful tenderer.

Notice to contain more information. Seebelow.

Minimum standstill period of 10 days. Minimum standstill period of 10 days onlyif electronic communication is used. Withpostal or other communication, theminimum period is 15 days.

Bidders may apply for accelerateddebrief within first two working days ofperiod. Standstill period to include 3working days after debrief provided.

No accelerated debrief procedure.Minimum standstill period runs fromnotice, without reference to intermediatedebrief requests.

Single tenderer exemption applied onlyto negotiated procedure.

Single tenderer exemption appliesgenerally.

Contents of standstill notices:

contract award criteria;

where practicable, the score of thetenderer or candidate receiving the notice;

name of the successful tenderer;

score of the successful tenderer;

a summary of the reasons why thetenderer or candidate was unsuccessful;

for tenderers (not candidates), thecharacteristics and relative advantages ofthe successful tender;

a precise statement as to the effect of thestandstill period on the recipient's rights.

Counting the days......

Assuming electronic communication and nointerdict or other proceedings:

Day 0 –last standstill notice sent

Day 1 –day after notice issued

Day 10 –last day of standstill period

Day 11 –contract may be awarded from 0001

Counting working days....

If day 10 is not a working day, the contract maynot be awarded until the day after the nextworking day. So, if day 10 is a Saturday, thecontract cannot be awarded until Tuesday.

However, if day 10 was a Friday, the contractcould be awarded on Saturday.