28. The public body must inform each tenderer of the results of the tender quality evaluation for each of the stages including such evaluation in which the tenderer participated. Such communication takes place at the time of sending to the tenderers retained after the first stage an invitation to participate in the second stage or within 15 days of the contract awarding, as the case may be.
If Schedule 1 applies, the particulars sent to tenderers are(1) confirmation that their tender was accepted or not; and
(2) as the case may be, the names of the tenderers qualified for the second stage or the name of and price submitted by the successful tenderer.
If Schedule 2 applies, the particulars sent to tenderers are(1) confirmation that their tender was accepted or not;
(2) in the case of an evaluation based only on the measurement of the level of quality of the tenders, their quality score and rank according to the quality score and, as the case may be, the names of the tenderers qualified for the second stage or the name and quality score of the successful tenderer;
(3) in the case of an evaluation based on the measurement of the level of quality of the tenders followed by calculation of the price-quality ratio, their quality score, their adjusted price and their rank according to the adjusted prices and, as the case may be, the names of the tenderers qualified for the second stage or the name, quality score and price of the successful tenderer, and the resulting adjusted price;
(4) in the case of an evaluation based on the measurement of the level of quality of the tenders followed by an appraisal of the submitted price, their quality score, their final score including the evaluation of the price of the tender and their rank according to their final score, and the name, quality score, submitted price and final score of the successful tenderer including the evaluation of the submitted price.
Moreover, on the written request of a tenderer sent within 30 days after the communication made under the first paragraph, the public body must present to the tenderer the results of the tender evaluation for each criterion used to evaluate the quality, and briefly set out the reasons justifying the fact that the tender was not accepted. That feedback must be provided, as the case may be, within 30 days after the date of receipt of the tenderer’s request if the request was sent after the awarding of the contract, or within 30 days after the awarding of the contract if the request was sent before that date.
O.C. 533-2008, s. 28; O.C. 873-2008; 293-2016O.C. 293-2016, s. 1411; 1747-2023O.C. 1747-2023, s. 61.