In Ireland, public procurement can be a tricky space to navigate, especially when suppliers are left disappointed. It’s not just about following the rules; it’s about how we talk to people, how we explain decisions, and how we earn trust. These moments matter. The buyers who stand out today are the ones who pair solid process with emotional intelligence, who understand that a bit of empathy can go a long way.
Suppliers who challenge outcomes often tread carefully, wary of potential repercussions in a market where reputations matter. For buyers, this means recognising that behind every debrief request is a potential long-term partner, not just a failed bidder. A tactful, transparent debrief is not a formality, it’s an opportunity to reinforce the credibility of the process and to maintain supplier confidence.
The most strategic buyers know this: one supplier’s loss today could be tomorrow’s success story. Constructive feedback doesn’t weaken a position, it strengthens it, showing that the authority is fair, reflective, and committed to value for money in the long run.
Debriefs: A Strategic Opportunity, Not a Box-Ticking Exercise
When a supplier requests a debrief, it should be viewed not as a burden, but as a strategic touchpoint. Clarity, tone, and preparedness matter. The right explanation can convert disappointment into understanding, and ensure that the supplier walks away with lessons, not resentment.
Buyers who deliver clear, evidence-based justifications for award decisions are more likely to avoid escalation. Moreover, debriefs offer insight into how suppliers perceive the process, providing valuable feedback to improve future competitions.
When Things Escalate: The Standstill Period
If concerns remain unresolved, suppliers may pursue a formal review during the standstill period—the short window following contract award notification until the contract is signed (for tenders under the EU Public Procurement Directive, the standstill period is typically 14 days). This phase is critical. How a buyer responds here can define the tone of the entire relationship going forward.
Clarity, responsiveness, and a calm, factual tone are essential. Many procurement professionals are not legally trained, and there can be a natural anxiety when a challenge is raised. But panic is never the answer. A clear understanding of the process, and internal coordination with legal advisors, can ensure that a proportionate, professional response is issued.
A carefully worded clarification often resolves tensions more effectively than legal posturing ever could.
Legal Action: Rare, Serious, and Increasing
In high-value cases, particularly involving infrastructure or concessions, legal action is becoming more common. Buyers should be aware of the increasing expectations for transparency and equal treatment, reinforced by decisions such as RPS Consulting Engineers Ltd. v Kildare County Council in the Irish High Court, which affirmed the duty to provide specific feedback to unsuccessful bidders.
Where procurement processes are found to be non-transparent, unequal, or disproportionate, the consequences can be significant ranging from the cancellation of an award to, in extreme cases, re-awarding the contract.
For buyers, this underlines the importance of documentation, audit trails, and clear evaluation justifications. The safest route is always to follow best practice, not just minimum compliance.
The Buyer’s Role in Safeguarding Procurement Integrity
Even the best-run competitions can result in disappointment. But how that disappointment is handled defines the authority’s reputation among suppliers. Public buyers should:
Prioritise communication: Offer full, honest debriefs grounded in evaluation notes.
Anticipate challenge: Treat every tender award as if it may be questioned, prepare accordingly.
Use the standstill well: Respond swiftly and professionally to any clarification or concern.
Engage legal early when needed: Particularly in complex or high-value tenders.
Stay professional under pressure: Suppliers remember the tone, not just the facts.
Ultimately, procurement is not just about awarding contracts, it’s about building a market that trusts the system. That starts with the buyer.
