Bidding for public tendersGuide
Sealed bids, debriefs and challenging a tender award
Public tenders are sealed, kept unopened and confidential until the deadline, so that no bidder can see or react to another's offer; this supports equal treatment and makes collusion harder. After the award, unsuccessful bidders are entitled to reasons: in the EU on written request within 15 days, in the UK through an assessment summary, and in US federal negotiated procurement through a debriefing requested within 3 days of notification. Challenges must be brought quickly, and in the EU and the UK a standstill period delays signature.
Last updated 5 min read
General guidance, not legal advice. Public procurement rules differ by country, by buyer and by procedure, and the tender documents and the law that governs them decide. Where a guide cites a rule, it names the jurisdiction and links the official text.
Why tenders are sealed
A sealed bid is a tender that stays unopened and confidential until the submission deadline has passed. Sealing serves three purposes:
- Equal treatment. No bidder can see another's offer and adjust its own, and the buyer cannot help one bidder with information about the others.
- Integrity. The buyer examines tenders only after the deadline. In the EU this is a legal requirement: buyers must preserve the integrity of data and the confidentiality of tenders, and examine their content only after the time limit for submitting them has expired (Directive 2014/24/EU, Article 22(3)).
- Resistance to collusion. Sealing makes it harder for bidders to coordinate their prices. Such coordination, known as bid rigging, is illegal under competition law in the EU, the UK and the US, and in the EU a buyer may exclude a bidder where it has sufficiently plausible indications that the bidder has entered into agreements with others aimed at distorting competition (Article 57(4)).
Sealed does not always mean secret for ever. In US federal sealed bidding, the bid opening officer publicly opens all bids received before the time set for opening and, if practical, reads them aloud to the persons present (FAR 14.402-1). Many other procedures keep tenders confidential after the deadline too, and share only what the rules require.
What feedback you can get
| Jurisdiction | What the buyer must give | When |
|---|---|---|
| EU | On request: the reasons for rejecting your tender and, if your tender was admissible, the characteristics and relative advantages of the winning tender and the winner's name | As quickly as possible, and within 15 days of receiving your written request (Directive 2014/24/EU, Article 55(2)) |
| UK | An assessment summary: information about the buyer's assessment of your tender and, if different, of the most advantageous tender | To each supplier whose tender was assessed, before the contract award notice is published (Procurement Act 2023, section 50) |
| US (federal, negotiated procurement) | A debriefing, including the government's evaluation of significant weaknesses or deficiencies in your proposal, the overall evaluated cost or price and technical rating of the winner and of your proposal, the overall ranking of offerors where one was developed, and a summary of the rationale for the award | On a written request received by the agency within 3 days after you were notified of the award (FAR 15.506) |
A US debriefing does not include a point-by-point comparison of your proposal with the others (FAR 15.506). Whatever the jurisdiction, feedback is the most reliable information you will get about how a buyer scores, so ask for it after every loss.
Standstill: the pause before the contract is signed
| Jurisdiction | Standstill period |
|---|---|
| EU | A contract within the scope of the procurement Directive may not be concluded before at least 10 calendar days have passed from the day after the award decision was sent to the bidders, where it was sent by fax or electronically; different periods apply to other means of communication (Directive 89/665/EEC, Article 2a(2)) |
| UK | A mandatory standstill period of eight working days beginning with the day the contract award notice is published, with exceptions for certain contracts, such as those awarded under a framework (Procurement Act 2023, section 51) |
The standstill is the window in which a challenge can still prevent the contract from being signed. It is not the same thing as the time limit for bringing a challenge, which the governing law sets separately.
Can a company challenge the result?
Yes, through the review procedures of the law that governs the procurement, and speed matters.
- EU: the Remedies Directive (89/665/EEC) requires member states to provide review procedures for procurement decisions; the review body and the time limits are set in each country's national law.
- UK: the Procurement Act 2023 sets out the remedies available and the time limits for bringing proceedings. Take advice as soon as you learn of the decision.
- US (federal): a protest can be filed with the agency, with the Government Accountability Office (GAO) or with the U.S. Court of Federal Claims (FAR subpart 33.1).
Before challenging, weigh the cost, the relationship with the buyer and the strength of your evidence. The reasons, the assessment summary or the debriefing often answer the question a challenge would ask, at a fraction of the cost. If a requirement looked unlawful from the start, the time to act may already have begun before the award; see How to spot a tender that is already decided.
Frequently asked questions
Can we see our competitors' bids?
Usually not in full. In the EU a buyer must, on request, tell a bidder whose tender was admissible the characteristics and relative advantages of the winning tender and the winner's name (Directive 2014/24/EU, Article 55(2)), and a UK assessment summary covers your tender and the most advantageous one (Procurement Act 2023, section 50). US federal sealed bids are opened publicly and, if practical, read aloud (FAR 14.402-1), while a debriefing in negotiated procurement does not compare your proposal point by point with the others (FAR 15.506).
How quickly must we act to challenge an award?
Quickly. The standstill period is short, at least 10 calendar days in the EU when the decision is sent electronically and eight working days in the UK, and the time limits for bringing a challenge are set separately by the governing law. Ask for the reasons or the debriefing at once, and take legal advice as soon as you see a problem.
Is it worth asking for feedback if we will not challenge?
Yes. The reasons, the assessment summary or the debriefing are the most direct evidence of how a buyer scores, and the best input for your next bid to the same buyer. In US federal negotiated procurement the written request must reach the agency within 3 days of your notification (FAR 15.506).
Related articles
- How tenders are evaluated: price, quality and MEATHow public buyers weigh price against quality: MEAT and best value, published weightings such as 70/30, price scoring formulas, and bidding to them.
- Public tender bidding: a practical guide for suppliersHow bidding for a public tender works, phase by phase: screening notices, eligibility, deadlines, clarification questions, evaluation and the award.
- How to spot a tender that is already decidedWarning signs that a public tender is written around one supplier, when a detailed specification is legitimate, and what a bidder can do about it.
- Public procurement glossary for suppliersPublic procurement terms suppliers meet in tenders, defined one by one: ITT and RFP, selection and award criteria, MEAT, ESPD, standstill, debriefing.