Cooling Off Period

Mandatory standstill period between contract award decision and contract signature, allowing unsuccessful bidders to challenge the decision before the contract becomes binding.

How it works

The cooling off period is a mandatory standstill period that begins when contracting authorities notify all bidders of their contract award decision. During this time, the authority cannot sign the contract with the winning supplier.

Under the Public Contracts Regulations 2015, the standard cooling off period is: - 10 calendar days when award notices are sent electronically - 15 calendar days when sent by other means - A minimum of 10 days must always apply, regardless of notification method

The period starts from the day after all bidders receive their award notification, not from when individual notifications are sent. Contracting authorities must provide specific information in their notifications, including the award criteria used, the winning bidder's score, and feedback on unsuccessful bids.

Why it matters

The cooling off period serves as a crucial safeguard in public procurement, ensuring transparency and protecting suppliers' rights to challenge procurement decisions. It prevents authorities from rushing into contracts before unsuccessful bidders can properly assess whether to mount a legal challenge.

This standstill period is essential for maintaining confidence in the procurement system. Without it, suppliers might face the impossible task of challenging contracts that have already become legally binding. The period allows time for suppliers to: - Review the authority's decision and scoring - Seek clarification on award criteria application - Prepare potential challenge proceedings - Consider whether to request additional feedback

Failure to observe the cooling off period can result in automatic suspension of the contract and potential damages claims from affected suppliers.