Duty to Provide Reasons

The extent of the duty on contracting authorities to provide reasons for their public procurement decisions continues to be a central source of tension between disappointed tenderers and the procuring body. PLM has updated its Analysis of the case law on Reasons with a particular focus on cases from the Court of Justice of the EU and the Irish courts, and analysis of the reason-giving obligations under the UK Procurement Act 2023. We have also updated a paper which contains a detailed exposition of the topic with citations to the leading cases.