Chilled Goods · UK public procurement notice

The authority will notify economic operators who submitted a tender or (where no

deselection notification has previously been

made)applied to be selected to tender, of its decision to award the framework agreement

which notification will contain among other

information, a summary of the reasons why the economic operator was unsuccessful. The notification will

incorporate a ‘standstill period’ of a

minimum of 10 clear calendar days (or a minimum of 15 if the communication method used is

not electronic) between the date on which

the authority despatches the notice(s) and the date on which the authority proposes to

conclude the relevant framework agreement.

The bringing of court proceedings against the authority during the standstill period will

automatically continue the prohibition on entering

into the framework agreement until the court proceedings are determined, discontinued or

disposed of, or the court, by interim order, brings

to an end the prohibition. The remedies that may be awarded by the courts before the

framework agreement has been entered into include

the setting aside of the decision to award the framework agreement to the winning

tenderer(s). The bringing of court proceedings against

the authority after the framework agreement has been entered into will not affect the

framework agreement unless grounds for the imposition

of special penalties under the Public Contracts (Scotland) Regulations 2015 can be

established. Otherwise the remedies that may be

awarded by the courts where the framework agreement has been entered into are limited to

the award of damages. Economic operators are

entitled to write to the authority after receipt of the notification should they require further

clarification. The authority will respond within

15 days of such a written request, but it should be noted that receipt by the authority of such

request during the standstill period may not

prevent the authority from awarding the framework agreement following the expiry of the

standstill period. Economic operators should

approach the contracting authority in the first instance. However, the only formal remedy is

to apply to the courts:

An economic operator that suffers or is at risk of suffering, loss or damage attributable to a

breach of duty under the Public

Contracts(Scotland) Regulations 2015 or the Procurement Reform (Scotland) Act 2014,

may bring proceedings in the Sheriff Court or the court of session