What is the standstill period in UK procurement?

The standstill period in UK procurement is a mandatory 10 calendar day waiting period after contract award notification, during which unsuccessful bidders can challenge the decision before the contract is signed.

What is the Standstill Period?

The standstill period is a mandatory 10 calendar day waiting period that public sector organisations must observe after notifying bidders of a contract award decision but before signing the contract. This period allows unsuccessful bidders to review the award decision and, if necessary, challenge it through the legal system before the contract becomes binding.

Legal Requirements and Timing

Under the Public Contracts Regulations 2015 (regulation 87), contracting authorities must send award notifications to all tenderers simultaneously and then wait 10 calendar days before concluding the contract. The standstill period begins the day after all notifications are sent. If notifications are sent electronically, the period can be reduced to 7 calendar days, provided the electronic method gives certainty about delivery.

The award notification must include specific information: the award criteria used, the successful bidder's name, reasons for the decision, and crucially for unsuccessful bidders, the characteristics and relative advantages of the winning tender. This transparency requirement enables informed decisions about potential challenges.

Purpose and Benefits

The standstill period serves multiple purposes in maintaining procurement integrity. It provides unsuccessful bidders with sufficient time to seek legal advice and potentially initiate judicial review or other legal proceedings if they believe the award decision was flawed. This legal protection helps ensure public procurement follows proper procedures and maintains competitive fairness.

For contracting authorities, observing the standstill period correctly protects against automatic contract suspension that would occur if a legal challenge were mounted after contract signature. Once the standstill period expires without challenge, the authority can proceed with confidence that the procurement process has concluded properly.

Practical Implications

During the standstill period, no contract can be signed or work commenced. Authorities should use this time to prepare final contract documentation and address any clarification requests from bidders about the award decision. The period applies to most regulated procurements above EU thresholds, though some exceptions exist for extreme urgency or certain framework agreements.

Failure to observe the standstill period correctly can result in the contract being declared ineffective by the courts, potentially leading to financial penalties and the need to re-run the procurement process. Therefore, careful calculation of the standstill period and proper record-keeping of notification dates are essential compliance requirements.