Section 98

A contracting authority must keep such records as the authority considers sufficient to explain a material decision made for the purpose of awarding or entering into a public contract. For the purposes of subsection (1), a decision is “material” if, under this Act, a contracting authority is required— to publish or provide a notice, document or other information in relation to the decision, or to make the decision. A contracting authority must keep records of any communication between the authority and a supplier that is made— in relation to the award or entry into of a public contract, and before the contract is entered into. A record under this section must be kept until— the day on which the contracting authority gives notice of a decision not to award the contract (see section 55), or the end of the period of three years beginning with the day on which the contract is entered into or, if the contract is awarded but not entered into, awarded. This section does not apply in relation to defence and security contracts. This section does not affect any other obligation under any enactment or rule of law by virtue of which a contracting authority must retain documents or keep records, including for a longer period.

← 3 · All articles · 1 →

Source: legislation.gov.uk · retrieved 2026-09-04