The Institute has to inform all unsuccessful tenderers simultaneously and individually as soon as possible after the award decision and within one week at the latest, by electronic means, that their tender has not been accepted (e.g. if a tenderer is unsuccessful because its tender is below the minimum quality threshold) specifying in each case the reasons why (Art.38 PP Reg.); to ensure transparency, the Institute  should also provide directly the scores and comments contained in the evaluation report regarding their individual unsuccessful tender to duly justify the decision taken and avoid further exchange of correspondence. The unsuccessful tenderers who have been selected and whose tender has not been eliminated may request in writing information about the characteristics and relative merits of the winning tender.

Only tenderers who have passed exclusion and selection criteria, and whose tenders are not eliminated (i.e. are compliant with the tender specifications) can receive such information.

If a tenderer is unsuccessful because its tender is below the minimum quality threshold, it should be provided with the information as well.  Then, the contracting authority must, within fifteen calendar days of receiving such a request at most, provide information about the characteristics and relative advantages of the winning tender and the name of the successful tenderer. The total price of the winning tender, breakdown of quality marks and comments as recorded in the evaluation report should be disclosed.