4.5.1 Initial notice to all interested parties

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The Contracting Authority informs promptly:

In the event that the tender procedure is cancelled, all tenderers by means of a letter with the same content, and
In the event that the tender procedure has been concluded, by means of letters with different content:
PThe candidate Contractor,
PThe tenderers who were either excluded during the qualitative selection procedure or whose tenders were rejected during the technical or financial evaluation procedure, or who, despite having been qualified, were not selected for the award of the contract.

 

Pursuant to the provisions of the Law, the minimum obligations regarding the provision of information to candidates and tenderers are determined as follows:

The Contracting Authorities inform in writing as soon as possible, and upon request, the candidates and the tenderers of the decisions taken in connection with the award of the contract, including the reasons for which they have decided not to award the contract.
Following a written request by the interested party, the Contracting Authorities notify within fifteen (15) days at the latest from receipt of the request:
oTo each unsuccessful candidate, the reasons for rejecting his application
oTo each rejected tenderer, the reasons for the rejection of its tender, justifying their decision about the non equivalence of the technical specifications or their decision that the works, supplies or services do not meet the performance or operation requirements.
oTo each tenderer having submitted an admissible tender, the characteristics and relevant advantages of the selected tender as well as the name of the contractor.

It is however recommended, as best practice which is also aligned with the key principle of transparency in public procurement, that the Contracting Authority examine the possibility to include in the initial letters a summary reference to the specific reasons that led to the cancellation, exclusion, rejection or non-selection.

It is understood that every tenderer or candidate who so wishes may submit to the Contracting Authority a request for more detailed information, and the Contracting Authority is obliged to provide such information.

The Contracting Authority may decide not to disclose certain information, referred to in the previous paragraph, concerning the award of the contract, if the disclosure of the said information may, in its objective judgement, prevent the application of the laws, be contrary to the public interest or harm the legitimate commercial interests of public or private economic operators or the conditions of fair competition between them.


© 2007 Republic of Cyprus, Treasury of the Republic, Public Procurement Directorate
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