Procurement procedure

Alcatel Period

The mandatory 10-day standstill between an award decision and contract signing in UK public procurement, allowing legal challenge.

Michael Kitt, Founder of KimonBidsMichael Kitt··Procurement procedure

Definition

The Alcatel period is the mandatory standstill between a contracting authority notifying tenderers of its award decision and signing the contract. It exists so unsuccessful bidders can challenge the decision in court before the contract becomes legally binding. The period is named after a 1999 European Court of Justice case (Alcatel Austria v Bundesministerium) that established the principle. In the UK the period is fixed at a minimum of 10 calendar days when notice is sent electronically, rising to 15 days for postal notification.

How it works in practice

The clock starts on the day after the award notice is sent. The notice must include the award rationale, the winning bidder, and the scores of each section so unsuccessful bidders have enough information to decide whether to challenge. Standstill applies to most contracts subject to the Public Contracts Regulations 2015 and continues under the Procurement Act 2023, although the new Act allows the standstill to be skipped in very limited circumstances such as extreme urgency. If a challenge is filed during the standstill an automatic suspension is triggered: the authority cannot sign the contract until the court resolves the suspension. Authorities sometimes voluntarily extend the standstill beyond 10 days when they want extra time to handle clarification requests, which is allowed but rare. Successful bidders should treat the standstill as part of their mobilisation runway rather than dead time: most prepare TUPE consultation, key staff confirmations, and final pricing checks during this window so they can start delivery the moment the contract is signed.

Common questions

How long is the standstill period in UK public procurement?

A minimum of 10 calendar days when the award notice is sent electronically, or 15 days if sent by post. Most contracting authorities use electronic notice through their tender portal so the 10-day period is the norm. Authorities may extend the standstill but cannot shorten it below the statutory minimum except where the Procurement Act 2023 allows a standstill exemption.

What happens if I challenge an award during the Alcatel period?

Filing a procurement challenge in the High Court during the standstill triggers an automatic suspension. The contracting authority cannot sign the contract until the court either rejects the challenge or grants permission to proceed. The authority can apply to lift the suspension but must persuade the court that the public interest in signing outweighs the prejudice to the challenger.

Can a contracting authority skip the standstill period?

Under PCR 2015 standstill is mandatory for contracts above the relevant threshold except in narrow cases such as call-offs under framework agreements that already followed standstill at the framework award stage. The Procurement Act 2023 adds limited exemptions for extreme urgency and very low-value contracts, but the default position remains that standstill is required.

What information must the award notice contain?

The notice must give unsuccessful bidders enough information to decide whether to challenge: the name of the winning bidder, the rationale for the award decision, the scores awarded to the unsuccessful bidder against each evaluation criterion, and the scores of the winning bidder if relevant. A bare yes-or-no notice is not compliant.

Related terms

Related terms

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