Standstill. The eight-day window between award notification and contract execution. What providers can do during it, what to ask for in the debrief, and when to challenge. This blog walks through the Procurement Act 2023 framework and the practical playbook for both winning and losing bidders.

This blog sits within our local authority tenders hub, which maps the procurement journey across upper-tier councils, unitary authorities and combined authorities.

The procurement context matters. The standstill (historically Alcatel after the Court of Justice case that gave us the principle) is the mechanism that gives unsuccessful bidders a route to challenge an award decision before the contract becomes legally binding. The Procurement Act 2023 came into force on 24 February 2025; it inherits the standstill principle from the Public Contracts Regulations 2015 with some procedural changes. Schedule 5 of the Act (Light Touch Regime) covers most adult social care, children's services and NHS contracts.

What is the standstill period?

A mandatory pause between award decision notification and contract execution. The Procurement Act 2023 sets it at 8 working days (10 calendar days for most contracts depending on transmission method). The pause gives unsuccessful bidders the opportunity to seek a debrief and, if warranted, mount a challenge to the award decision before the contract becomes legally binding.

For successful bidders, the standstill is the green-light window before mobilisation begins. For unsuccessful bidders, it is the most important week of the procurement. The CCS published guidance on standstill obligations under the Procurement Act 2023 reinforces the disclosure requirements.

What the buyer must provide

Specific. The buyer must issue, with the award notification (the assessment summary required under Section 50 of the Procurement Act 2023):

• The award decision and the identity of the winning bidder.
• The score awarded to the bidder being notified.
• The score awarded to the winning bidder.
• The relative advantages of the successful tender.
• The contact point for clarifications.

This is not optional. The Procurement Act 2023 codifies the disclosure requirement; published PPN guidance reinforces it. If the buyer omits any element, the standstill clock can be paused or the period extended to allow for a curative disclosure.

The assessment summary should reference the scoring methodology in the original tender pack. If the buyer's methodology and the published methodology diverge materially, that divergence is a candidate procedural irregularity ground.

What unsuccessful bidders should do in the standstill

A 4-step playbook. Run it within the first 3 working days of the standstill so you have time for follow-up.

Step 1: Request the standstill letter formally

Bound. Even if the buyer has issued an award notification, request the formal standstill letter in writing within 24 hours. The letter triggers the disclosure clock and the formal challenge window.

Step 2: Request a full debrief

Specific. Request a section-by-section debrief with scores and evaluator comments per section. The buyer is not always required to volunteer the comments, but they are required to provide them on request under the Procurement Act 2023 assessment summary regime.

Step 3: Review for procedural irregularity

Direct. Check for: undisclosed weighting, scoring inconsistency across bidders, evaluator bias, factual errors in scoring, breach of the published evaluation methodology. These are the typical grounds for challenge. The Equality Act 2010 Section 149 (Public Sector Equality Duty) is also a possible ground where the scoring methodology has discriminated unlawfully.

Step 4: Decide on challenge

Bound. If the review identifies a credible ground, instruct procurement law counsel within 48 hours. The challenge window is short. The Procurement Act 2023 preserves the time limits broadly equivalent to the prior 30-day limitation period for issuing proceedings, but the exact computation depends on when the bidder becomes aware of the ground.

What winning bidders should do in the standstill

A 3-step playbook.

Step 1: Acknowledge and engage

Direct. Acknowledge the award notification in writing within 24 hours. Engage the named buyer contact on mobilisation prep. The Director-level sponsor signs off the acknowledgement and the named operational lead picks up the mobilisation Tracker.

Step 2: Begin mobilisation prep without contracting

Bound. The standstill prevents contract execution; it does not prevent operational preparation. Begin workforce mobilisation, IT deployment readiness and partnership outreach during the standstill. Our mobilisation plan service sequences the prep against the 12-week mobilisation Gantt.

TUPE Regulations 2006 Regulation 11 (employee liability information) and Regulation 13 (consultation duty) can be sequenced during the standstill where the consultation does not require a final contract sign-off as the trigger; the named operational lead opens the conversation with the incumbent.

Step 3: Plan for contract execution day

Concrete. Stand up the named operational lead, schedule the first commissioning steering meeting and confirm the named first-cohort date. The mobilisation Tracker triggers on contract execution day.

Anonymised standstill examples

Three procurements illustrate the spectrum.

Anonymised Yorkshire DPS short breaks. A provider in our portfolio used the standstill to request a debrief that identified scoring weighting we had not anticipated. The provider revised approach on the next round of mini-competitions and won the subsequent call-off. The debrief was the value, not the challenge.

Anonymised East of England supported living. A Tier 1 Supported Living Framework award triggered an 8-day standstill. The provider used the window to formalise the named operational lead's notice with their previous employer and to begin pre-mobilisation TUPE consultation prep with the incumbent provider on the relevant Lot.

Anonymised East of England Tier 2 home care. A 7-Lot Tier 2 home care framework award triggered standstill across all Lots simultaneously. The provider used the window to schedule named first-cohort dates per Lot, sequenced to the council's go-live calendar, and to confirm the named TUPE Regulation 11 information request with the relevant incumbent on Lots 3, 4 and 7.

What the debrief should give you

Five things. Press for all five.

1. Your score per section.
2. The winning bidder's score per section.
3. Evaluator comments per section.
4. The relative advantages of the winning bid.
5. The methodology applied to weighting and moderation.

If the buyer omits any of these, request in writing. The Section 50 assessment summary is the floor; the relative advantages and methodology disclosure are the elements most often missing on first issue.

The 5-day standstill action plan

A practical timetable for unsuccessful bidders. Day 1: formal acknowledgement of the award notification; written request for the assessment summary under Section 50 of the Procurement Act 2023. Day 2: receive and read the assessment summary; flag any element absent (scores, relative advantages, methodology). Day 3: request the full debrief in writing; identify candidate procedural irregularity grounds.

Day 4: hold the debrief call with the named procurement lead; record the call notes and the scoring matrix references. Day 5: instruct procurement law counsel if a credible ground exists; otherwise close the file and add the debrief notes to the answer bank for the next round.

For winning bidders the 5-day plan reverses. Day 1: acknowledgement; Day 2: stand up the named operational lead and the named Director sponsor; Day 3: open TUPE Regulation 11 information request with the incumbent; Day 4: schedule the first commissioning steering meeting; Day 5: confirm the named first-cohort date and the named Gantt critical path.

When to challenge

Three credible grounds.

Procedural irregularity. The buyer did not follow the published evaluation methodology. The Procurement Act 2023 codifies the buyer's duty to evaluate against the published criteria; deviation is the most common ground.

Scoring inconsistency. Materially equivalent answers received materially different scores across bidders. The challenge requires evidence that the answers were materially equivalent, which usually requires a debrief disclosure first.

Factual error. The buyer scored a section against a factual misreading of your response. This is the easiest ground to evidence and the easiest to resolve through clarification before formal challenge.

The threshold is high. Most unsuccessful bidders should not challenge. Most should debrief, learn and bid better next round. Our bid management service sequences the post-award learning cycle into the next bid using the Five-Beat Lessons-Learned cycle.

Evaluator psychology and procurement journey context

The standstill window is the procedural gate between award notification and contract execution. Procurement Act 2023 Section 50 binds the assessment summary contents; Section 51 sets the standstill duration. The Public Procurement Review Service accepts complaints about non-compliance with the disclosure obligations; the Cabinet Office Procurement Policy Notes provide the operational guidance.

Evaluator psychology during a debrief is procedural. The named procurement lead reads from the assessment summary and the scoring matrix. The named Section 151 officer escalates where the supplier asserts a credible irregularity ground. The Director sign-off on any challenge decision is the operational backstop; we recommend procurement law counsel for any challenge above £500k contract value.

Sector dynamics matter. The Procurement Act 2023 transitional regime applies to procurement issued before 24 February 2025 under the Public Contracts Regulations 2015; new procurements after that date apply the new Act. Drafting standstill responses should name the regime that applied at issue date, not at award date. The Procurement Pathway service published by the Cabinet Office tracks the transitional rules.

Frequently asked questions

How long is the standstill?

8 working days (10 calendar days depending on transmission method) under the Procurement Act 2023, with some category-specific exceptions. Light Touch Regime contracts under Schedule 5 of the Act follow the same standstill principle.

Can the buyer shorten the standstill?

In specific circumstances, yes. Most healthcare and social care procurements run the full standstill. The Procurement Act 2023 permits a shortened or no standstill in defined urgent procurement scenarios; these are rare in adult social care and children's services.

What if the buyer ignores my debrief request?

Escalate in writing to the named procurement lead and to the Section 151 officer. If the buyer continues to ignore, the matter becomes a potential procedural irregularity ground. The Public Procurement Review Service also accepts complaints about debrief disclosure failure.

Should we always challenge a loss?

No. Most losses do not have legal grounds. Most losses have learning grounds. Debrief well; bid better next round. The 92% win rate we maintain across our 200+ submissions includes losses where the debrief produced the next-round win.

Speak to Derrick Mwesigwa, Head of Bid Operations. We respond within 4 working hours. Email [email protected] or call 01707 240393. TenderLab Ltd, Companies House 17184263. 92% win rate across 200+ submissions. Book a free 30-minute consultation via our bid writing service.

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