Provision of Right-angle Torches

The Scottish Fire and Rescue Service (SFRS) must, by notice in writing as soon as possible after the decision has been made, inform all tenderers and candidates of its decision to award the contract, conclude the framework agreement or establish a dynamic purchasing system. The SFRS will incorporate a minimum 10 calendar day standstill at the point information on the contract award is communicated to tenderers. The SFRS is obliged to comply with the regulations and any eligible economic operator can bring an action in the Sherriff Court or the Court of Session where as a consequence of a breach by the SFRS, they suffer or risk suffering loss or damage. The bringing of court proceedings during the standstill period means that the SFRS must not enter into the contract, conclude the framework agreement or establish the dynamic purchasing system unless the proceedings are determined, discontinued or disposed of: or the court, by interim order, brings to an end the prohibition. The bringing of court proceedings after the standstill period has elapsed and the remedies that are available to the courts are detailed in the Regulations.

For Other Regulated Procurement (above 50,000 GBP – EU Threshold)

An economic operator that suffers, or risks suffering loss or damage attributable to a breach of duty under the Procurement Reform (Scotland) Act 2014 may bring proceedings in the Sheriff Court or Court of Session.

In practice, SFRS’s experience is that the supplier would approach SFRS first to explain their perceived issues. Thereafter it would be up to the supplier as to whether they would initiate court proceedings against SFRS, which they are obliged to tell us about.

The Legal Protocol that has been developed (Procurement Practice Note 12) covers off the internal process that requires to be followed in such circumstances where an aggrieved supplier makes their intention to raise action known to SFRS.