RCE Standards Workstream
Standardisation of Award and Rejection Letters
Background
As part of the work of the RCE Standards Group, a project was established to
research and propose standard Contract Award and Rejection Letters, specifically in
relation to the ‘Alcatel’ standstill period, and to produce guidance in respect of the
latter. The work was carried out by the NWCE on behalf of all RCEs.
Deliverables
A suite of standard letters has been produced by the Group, offering authorities
flexibility in determining the degree of detail that they wish to express in the Award
and Rejection letters. This flexibility is in response to the different views of authorities
with regard to the information that should be disclosed.
The Letters
The letters cover the following scenarios:
Letter Purpose
1. Minimalist Intention To be sent to the successful tenderer at the start of the
to Award standstill period. It is not a formal award of contract but
informs the tenderer of the requirements under Public
Contract Regulations 2006.
2. Award Letter To be sent to the successful tenderer after the standstill
period has expired. This is the formal contract
acceptance. The outline letter may be supplemented
with further detail relative to the specific contract being
awarded. The Award letter does not distinguish between
the ‘minimalist’ and ‘detailed’ approach for this reason.
3. Minimalist Rejection To be sent to unsuccessful tenderers. The letter
Letter for Shortlisted complies with legal requirements but does not disclose
Tenderers anything other than the minimum information required.
Two optional paragraphs have been included for
authorities that wish to issue minimal information but
with supplementary explanation of the Regulations and
process.
Letter Purpose
4. Minimalist Rejection To be sent to companies that were rejected at PQQ
Letter for companies stage. This will be the second letter that such
who were not companies have received but it is a requirement under
shortlisted the Regulations that they are informed of the tender
award. The letter complies with legal requirements but
does not disclose anything other than the minimum
information required. An optional paragraph has been
included for authorities that wish to issue minimal
information but with supplementary explanation of the
Regulations.
5. Detailed Intention to To be sent to the successful tenderer at the start of the
Award standstill period. It is not a formal award of contract but
informs the tenderer of the requirements under Public
(Alternative to Letter Contract Regulations 2006. It provides more detail with
1) regard to the requirements of the standstill period than
the minimalist equivalent.
6. Detailed Rejection To be sent to unsuccessful tenderers. The letter
Letter for Shortlisted provides more detail as to the standstill period.
Tenderers However, it does not give full details of the rights of the
tenderer under the ‘Alcatel’ requirements, thus stopping
(Alternative to Letter short of providing information which may invite a
3) challenge.
7. Detailed Rejection To be sent to companies that were rejected at PQQ
Letter for companies stage. This will be the second letter that such
who were not companies have received but it is a requirement under
shortlisted the Regulations that they are informed of the tender
award. The letter provides more detail as to the
(Alternative to Letter standstill period. However, it does not give full details of
4) the rights of the tenderer under the ‘Alcatel’
requirements, thus stopping short of providing
information which may invite a challenge.
Guidance Guidance for Local Authorities on application of the
Public Contract Regulations 2006 in respect of the
‘Alcatel’ standstill period.
For further information please contact:
North West Centre of Excellence
www.nwce.gov.uk
0161 342 4080