Article 90. Information to candidates and tenderers.

1. In compliance with the procedures established by the code, the contracting authorities communicate within five days of adoption: a) the reasoned decision not to award a contract or not to conclude a framework agreement, or to restart the procedure or not to implement a dynamic acquisition system, accompanied by relevant reasons, to all candidates or tenderers; b) the award to the successful tenderer; c) the award and the name of the tenderer to whom the contract or parts of the framework agreement have been awarded to all candidates and tenderers who have submitted an offer admitted to the tender, to those whose candidacy or offer is not have been definitively excluded, as well as to those who have challenged the notice or invitation letter, if such challenges have not already been rejected by a definitive judicial ruling; d) the exclusion of excluded candidates and offerors, including the reasons for exclusion or the decision of non-equivalence or conformity of the offer; e) the date of stipulation of the contract with the successful tenderer to the subjects referred to in letter c). 2. The communications referred to in paragraph 1, letters b) and c), indicate the expiry date of the dilatory term for the stipulation of the contract, without prejudice to the provisions of article 18, paragraph 1. 3. Without prejudice to the provisions of Article 35, contracting authorities shall not disclose information relating to the award of contracts, the conclusion of framework agreements or the admission to a dynamic purchasing system, referred to in paragraphs 1 and 2, if their dissemination hinders the application of the law or is contrary to the public interest, or prejudices the legitimate commercial interests of public or private economic operators or of the selected economic operator, or may prejudice fair competition between them. EFFECTIVE: July 1, 2023


REPORT Article 90 concerns communications in favor of competitors carried out on the initiative of the contracting authority. The communications voluntarily made by the contracting authorities withi...


NEW • The rule is organized by identifying the documents that are communicated within 5 days of their adoption (interruption of the procedure, exclusion, award); Please note that the tender reports a...
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