Supply of Oral Nutritional Supplements

NHS Lanarkshire ("the Authority") must, by notice in writing as soon as possible after the decision has been made, inform all tenderers and candidates concerned of its decision to award the contract, conclude the framework agreement or establish a dynamic purchasing system. The Authority must allow a period of at least the relevant standstill period (where the notice is sent by facsimile or electronic means the period is 10 days ending at midnight at the end of the 10th day after that on which the last notice is sent, when sent by other means he period is 15 days) to elapse between the date of despatch of the notice referred to in Regulation 85(1) of the Public Contracts (Scotland) Regulations 2015 ("The Regulations"). The Authority is obliged to comply with the regulations and any eligible economic operator can bring an action in the Sheriff Court or the Court of Session where as a consequence of a breach by the Authority, suffers or risks suffering loss or damage. The bringing of court proceedings during the standstill period means that the Authority 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. Economic operators can write to the Authority seeking further clarification on the notice, to which the Authority must respond within 15 days. Economic operators should seek their own independent legal advice when they consider it appropriate to do so.