World Library  
Flag as Inappropriate
Email this Article

Standstill period

Article Id: WHEBN0008416970
Reproduction Date:

Title: Standstill period  
Author: World Heritage Encyclopedia
Language: English
Subject: Franchising, Government procurement, European Union law
Collection:
Publisher: World Heritage Encyclopedia
Publication
Date:
 

Standstill period

The Alcatel mandatory standstill period is a period of at least ten calendar days following the notification of an award decision in a contract tendered via the Official Journal of the European Union, before the contract is signed with the successful supplier(s). Its purpose is to allow unsuccessful bidders to challenge the decision before the contract is signed. It is named after a pair of linked European Court of Justice cases which are jointly known as the Alcatel case (Case C-81/98). Within the UK, it was introduced by the Office of Government Commerce in 2005.

The timelines given below are the minimum (of at least 10 days) under the 'Alcatel' mandatory standstill period and show the days by which specific actions by - the tenderer (ie a request for additional de-briefing within the standstill period), and - the contracting authority (ie notify all tenderers of the award decision and the completion of any requested additional de-briefing) in order to comply with the minimum period before entering into a contract (assuming no legal challenges are formally notified).

Notes: - Depending on the day of the initial notification of the intention of the contract award decision, given the very tight timescales for the additional debriefing, it may be more practical to extend the end-date of the standstill period beyond the minimum of 10 calendar days.

- The 'traditional' de-briefing requirement (within 15 days of receiving a written request) remains where a tenderer does not seek an additional de-briefing within the first 2 working days of the standstill period. In any case, all tenderers can make formal complaints in Court within the standstill period regardless of having requested or received debriefing within the standstill period and Courts can agree to grant interim measures preventing contract award.

Time line Action Day 0 Notify tenderers of decision and intention to award contract on or after 'date' Day 1 Day 2 Tenderers must request additional debriefing (by phone, email, fax) before end of day (midnight) Day 3 Day 4 Day 5 Day 6 Day 7 Additional de-briefings must be completed before end of day (midnight)* Day 8 Day 9 Day 10 End of minimum standstill period** The contract may be concluded if no legal challenge has been notified

  • If there is a delay in completing the requested additional de-briefings, the end-date of the standstill period must be extended to ensure 3 full working days between the last de-brief and the end of the standstill period remembering that the last day must be a working day.
    • The end of a standstill period must not fall on a public holiday or at the weekend. Day 10 ends at midnight on that day.

External links

  • Alcatel Austria AG and Others, Siemens AG Österreich and Sag-Schrack Anlagentechnik AG v Bundesministerium für Wissenschaft und VerkehrCase C-81/98
  • Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts
  • [1]
This article was sourced from Creative Commons Attribution-ShareAlike License; additional terms may apply. World Heritage Encyclopedia content is assembled from numerous content providers, Open Access Publishing, and in compliance with The Fair Access to Science and Technology Research Act (FASTR), Wikimedia Foundation, Inc., Public Library of Science, The Encyclopedia of Life, Open Book Publishers (OBP), PubMed, U.S. National Library of Medicine, National Center for Biotechnology Information, U.S. National Library of Medicine, National Institutes of Health (NIH), U.S. Department of Health & Human Services, and USA.gov, which sources content from all federal, state, local, tribal, and territorial government publication portals (.gov, .mil, .edu). Funding for USA.gov and content contributors is made possible from the U.S. Congress, E-Government Act of 2002.
 
Crowd sourced content that is contributed to World Heritage Encyclopedia is peer reviewed and edited by our editorial staff to ensure quality scholarly research articles.
 
By using this site, you agree to the Terms of Use and Privacy Policy. World Heritage Encyclopedia™ is a registered trademark of the World Public Library Association, a non-profit organization.
 


Copyright © World Library Foundation. All rights reserved. eBooks from Project Gutenberg are sponsored by the World Library Foundation,
a 501c(4) Member's Support Non-Profit Organization, and is NOT affiliated with any governmental agency or department.