Tender Decline Letter Template for Malta

A Tender Decline Letter is a formal document used in Maltese public procurement processes to inform unsuccessful bidders about the outcome of their tender submission. Governed by Maltese Public Procurement Regulations and aligned with EU Directive 2014/24/EU, this document serves as an official communication that provides transparency in the procurement process, includes necessary information about the decision, and outlines the bidder's rights under Maltese law, including appeal procedures and standstill periods. The letter must balance providing sufficient feedback while maintaining confidentiality about other bids and ensuring compliance with both local and EU procurement regulations.

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What is a Tender Decline Letter?

The Tender Decline Letter is a crucial document in the Maltese public procurement process, used when a contracting authority needs to formally communicate the rejection of a bid to an unsuccessful tenderer. This document type is mandated by the Public Procurement Regulations (S.L. 601.03) and must align with EU Directive 2014/24/EU requirements. The letter serves multiple purposes: it provides transparent feedback to unsuccessful bidders, maintains a clear audit trail of procurement decisions, and ensures compliance with legal requirements for standstill periods and appeal rights. A properly drafted Tender Decline Letter should include specific details about the tender reference, clear reasons for rejection (without compromising confidential information), and necessary legal information about appeal procedures, all while maintaining professional courtesy and encouraging future participation in tender processes.

What sections should be included in a Tender Decline Letter?

1. Header Information: Company letterhead, date, recipient's full contact details, and tender reference number

2. Subject Line: Clear identification of the tender and decision (e.g., 'Re: Tender Reference [Number] - Notification of Unsuccessful Bid')

3. Opening Acknowledgment: Thank the bidder for their participation and reference their submission

4. Decision Communication: Clear and direct statement that the bid was unsuccessful

5. Brief Explanation: High-level, non-confidential reasons for non-selection, focusing on the bid's key shortcomings

6. Legal Information: Information about standstill period and right to appeal as required by Maltese procurement regulations

7. Closing and Sign-off: Professional closing, including contact details for any questions and authorized signatory information

What sections are optional to include in a Tender Decline Letter?

1. Scoring Summary: Brief overview of the bid's scoring in key areas, used when required by procurement value thresholds or when additional transparency is desired

2. Future Opportunities: Information about upcoming tenders or future opportunities, included when wanting to maintain good supplier relationships

3. Debriefing Offer: Offer for a detailed debriefing session, included for high-value tenders or when feedback would be particularly valuable

4. Bid Bond Return: Information about returning bid bonds or securities, included when these were required as part of the tender

What schedules should be included in a Tender Decline Letter?

1. Scoring Matrix Summary: If included, provides a basic breakdown of scoring across main criteria (when appropriate and non-confidential)

2. Appeal Procedure Guide: Standard attachment explaining the formal appeal process under Maltese procurement regulations

3. Feedback Form: Optional attachment for gathering supplier feedback on the tender process

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Malta

Publisher

Genie AI

Document Type

Cost

Free to use

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