In this importanr judgement the Judge went on to provide insights into the level of detail an unsuccessful tenderer should receive as part of an assessment summary / standstill letters:
– You must give reasons as to the relative advantages of the preferred tenderer. That involves a comparison between the preferred tender and the particular unsuccessful tender. There is a legal requirement for a bespoke statement of reasons.
– While brief statements or succinct comments may be sufficient in particular circumstances, it does not follow that because a statement is succinct it will therefore be sufficient.
– The contracting authority’s comments must be sufficiently precise to enable unsuccessful tenderers to ascertain the matters of fact and law on the basis of which the contracting authority rejected their tender and accepted that of another bidder.
– In order to set out the characteristics and relative advantages of the successful tender, the contracting authority must at least mention the matters which should have been included in the applicant’s tender or the matters contained in the successful tender. The statement of reasons must therefore be sufficiently detailed to explain how the preferred tender was advantageous by reference to particular matters, respects, examples or facts supporting a general assertion of relative advantage.
In2 the bargain 