Procurement Remedies

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