General Textiles and Bedding NP787

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.