View Expired Tender

Get immediate access to tenders like the one below by subscribing now to Tenders Direct. We will set up your personalised profile and send you tender alerts direct to your mailbox as soon as they are published. You will also benefit from having access to historical tenders.

Notice Summary

United Kingdom-Edinburgh: Anti-Embolism Stockings, Compression Devices and Accessories and Lymphoedema Products
299868-2019
The Common Services Agency (more commonly known as NHS National Services Scotlan
28 June 2019
02 August 2019
Contract Notice - Open Procedure
Yes

Notice Abstract

The Common Services Agency (more commonly known as National Services Scotland) (“the Authority”) acting through its division National Procurement, is undertaking this procurement of the supply and provision of anti-embolism stockings, compression devices and accessories and lymphoedema (“Products”) as outlined further below on behalf of all entities constituted pursuant to the National Health Service (Scotland) Act 1978, [i.e. all NHS Scotland Health Boards, Special Health Boards and the Authority or other NHS Organisation established pursuant to the NHS (Scotland) Act 1978], any integrated Joint Boards established pursuant to the new Public Bodies (Joint Working) Scotland Act 2014 (collectively hereafter referred to as “Participating Authorities”).

Notice Details

Contract notice

Directive 2014/24/EU - Public Sector Directive

Directive 2014/24/EU

Section I: Contracting Change entity

I.1) Name and addresses

The Common Services Agency (more commonly known as NHS National Services Scotland) ("NSS")

Gyle Square (NSS Head Office), 1 South Gyle Crescent

Edinburgh

EH12 9EB

UK

Contact person: Alex Little

Telephone: +44 1698794410

E-mail: Alex.little1@nhs.net

NUTS: UKM

Internet address(es)

Main address: http://www.nhsscotlandprocurement.scot.nhs.uk/

Address of the buyer profile: https://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA11883

I.2) Joint procurement

The contract is awarded by a central purchasing body

I.3) Communication

The procurement documents are available for unrestricted and full direct access, free of charge at:

https://www.publictendersscotland.publiccontractsscotland.gov.uk/esop/pts-host/public/pts/web/login.html


Additional information can be obtained from the abovementioned address


Tenders or requests to participate must be sent electronically to:

https://www.publictendersscotland.publiccontractsscotland.gov.uk/esop/pts-host/public/pts/web/login.html


I.4) Type of the contracting authority

Body governed by public law

I.5) Main activity

Health

Section II: Object

II.1) Scope of the procurement

II.1.1) Title

Anti-Embolism Stockings, Compression Devices and Accessories and Lymphoedema Products

Reference number: NP536/18

II.1.2) Main CPV code

33140000

 

II.1.3) Type of contract

Supplies

II.1.4) Short description

The Common Services Agency (more commonly known as National Services Scotland) (“the Authority”) acting through its division National Procurement, is undertaking this procurement of the supply and provision of anti-embolism stockings, compression devices and accessories and lymphoedema (“Products”) as outlined further below on behalf of all entities constituted pursuant to the National Health Service (Scotland) Act 1978, [i.e. all NHS Scotland Health Boards, Special Health Boards and the Authority or other NHS Organisation established pursuant to the NHS (Scotland) Act 1978], any integrated Joint Boards established pursuant to the new Public Bodies (Joint Working) Scotland Act 2014 (collectively hereafter referred to as “Participating Authorities”).

II.1.5) Estimated total value

Value excluding VAT: 9 000 000.00 GBP

II.1.6) Information about lots

This contract is divided into lots: Yes

Tenders may be submitted for maximum 13 lots

II.2) Description

Lot No: 1

II.2.1) Title

Anti-Embolism Stockings (Non-Mechanical)

II.2.2) Additional CPV code(s)

33140000

II.2.3) Place of performance

NUTS code:

UKM


Main site or place of performance:

All entities constituted pursuant to the National Health Service (Scotland) act 1978 i.e. all NHS Scotland.

II.2.4) Description of the procurement

Provision of anti embolism stockings (non mechanical) for NHSS.

Compression stockings are a specialised hosiery designed to help prevent the occurrence of, and guard against further progression of, venous disorders such as edema, phlebitis and thrombosis. Compression stockings are elastic garments worn around the leg, compressing the limb. This reduces the diameter of distended veins and increases venous blood flow velocity and valve effectiveness. Compression therapy helps decrease venous pressure, prevents venous stasis and impairments of venous walls, and relieves heavy and aching legs.

II.2.5) Award criteria

Price is not the only award criterion and all criteria are stated only in the procurement documents

II.2.7) Duration of the contract, framework agreement or dynamic purchasing system

Duration in months: 36

This contract is subject to renewal: Yes

Description of renewals:

2-optional 12-month extensions are available on this framework.

II.2.9) Information about the limits on the number of candidates to be invited

II.2.10) Information about variants

Variants will be accepted: No

II.2.11) Information about options

Options: No

II.2.13) Information about European Union funds

The procurement is related to a project and/or programme financed by European Union funds: No

Lot No: 2

II.2.1) Title

Prevention DVT (Mechanical)

II.2.2) Additional CPV code(s)

33140000

II.2.3) Place of performance

NUTS code:

UKM


Main site or place of performance:

All entities constituted pursuant to the National Health Service (Scotland) act 1978 i.e. all NHS Scotland.

II.2.4) Description of the procurement

Provision of Prevention DVT (Mechanical) products for NHSS.

Pneumatic Compression Therapy is used to prevent a deep clot in a leg vein forming and then breaking free and stick in a vessel in the lung also known as a pulmonary embolism (PE). There are many factors that increase a person’s risk to getting DVT which requires DVT prevention devices.

II.2.5) Award criteria

Price is not the only award criterion and all criteria are stated only in the procurement documents

II.2.7) Duration of the contract, framework agreement or dynamic purchasing system

Duration in months: 36

This contract is subject to renewal: Yes

Description of renewals:

2-optional 12-month extensions are available on this framework.

II.2.9) Information about the limits on the number of candidates to be invited

II.2.10) Information about variants

Variants will be accepted: No

II.2.11) Information about options

Options: No

II.2.13) Information about European Union funds

The procurement is related to a project and/or programme financed by European Union funds: No

Lot No: 3

II.2.1) Title

Compression Pumps and Accessories Lymphoedema

II.2.2) Additional CPV code(s)

33140000

II.2.3) Place of performance

NUTS code:

UKM


Main site or place of performance:

All entities constituted pursuant to the National Health Service (Scotland) act 1978 i.e. all NHS Scotland.

II.2.4) Description of the procurement

Provision of Compression Pumps and Accessories Lymphoedema products for NHSS.

Lymphedema Pumps are pneumatic compression devices that inflate leg or arm sleeves with multiple chambers in a sequence distal to proximal. This causes a milking effect on the lymphatic system to promote lymph drainage.

II.2.5) Award criteria

Price is not the only award criterion and all criteria are stated only in the procurement documents

II.2.7) Duration of the contract, framework agreement or dynamic purchasing system

Duration in months: 36

This contract is subject to renewal: Yes

Description of renewals:

2-optional 12-month extensions are available on this framework.

II.2.9) Information about the limits on the number of candidates to be invited

II.2.10) Information about variants

Variants will be accepted: No

II.2.11) Information about options

Options: No

II.2.13) Information about European Union funds

The procurement is related to a project and/or programme financed by European Union funds: No

Lot No: 4

II.2.1) Title

Compression Hosiery Kit

II.2.2) Additional CPV code(s)

33140000

II.2.3) Place of performance

NUTS code:

UKM


Main site or place of performance:

All entities constituted pursuant to the National Health Service (Scotland) act 1978 i.e. all NHS Scotland.

II.2.4) Description of the procurement

Provision of compression hosiery kit(s) for NHSS.

Compression garments, hosiery or wraps, are used in the long term management of chronic oedema (usually following compression bandaging), prophylaxis and treatment of venous leg ulceration, and post DVT to prevent post thrombotic syndrome.

II.2.5) Award criteria

Price is not the only award criterion and all criteria are stated only in the procurement documents

II.2.7) Duration of the contract, framework agreement or dynamic purchasing system

Duration in months: 36

This contract is subject to renewal: Yes

Description of renewals:

2-optional 12-month extensions are available on this framework.

II.2.9) Information about the limits on the number of candidates to be invited

II.2.10) Information about variants

Variants will be accepted: No

II.2.11) Information about options

Options: No

II.2.13) Information about European Union funds

The procurement is related to a project and/or programme financed by European Union funds: No

Lot No: 5

II.2.1) Title

Compression Products Flat Knit (RAL Standard) (Ready to Wear)

II.2.2) Additional CPV code(s)

33140000

II.2.3) Place of performance

NUTS code:

UKM


Main site or place of performance:

All entities constituted pursuant to the National Health Service (Scotland) act 1978 i.e. all NHS Scotland.

II.2.4) Description of the procurement

Provision of compression products flat knit (RAL Standard) (Ready to Wear) for NHSS.

Flat knit hosiery is knitted using heavier and more robust yarns and the material is sown together creating a seam. These garments are indicated in the management of patients with more severe swelling and distortion in shape, and they are also useful for bridging skin folds and fatty limbs where circular knit garments would gather and cause a tourniquet effect.

II.2.5) Award criteria

Price is not the only award criterion and all criteria are stated only in the procurement documents

II.2.7) Duration of the contract, framework agreement or dynamic purchasing system

Duration in months: 36

This contract is subject to renewal: Yes

Description of renewals:

2-optional 12-month extensions are available on this framework.

II.2.9) Information about the limits on the number of candidates to be invited

II.2.10) Information about variants

Variants will be accepted: No

II.2.11) Information about options

Options: No

II.2.13) Information about European Union funds

The procurement is related to a project and/or programme financed by European Union funds: No

Lot No: 6

II.2.1) Title

Compression Products Flat Knit (RAL Standard) (Custom Fit)

II.2.2) Additional CPV code(s)

33140000

II.2.3) Place of performance

NUTS code:

UKM


Main site or place of performance:

All entities constituted pursuant to the National Health Service (Scotland) act 1978 i.e. all NHS Scotland.

II.2.4) Description of the procurement

Provision of compression products flat knit (RAL Standard) (Custom Fit) for NHSS.

Upper and lower limb custom-fit, flat-knit garments for the treatment of mild to moderate lymphoedema and specifically designed for those patients with dry, sensitive or fragile skin.

II.2.5) Award criteria

Price is not the only award criterion and all criteria are stated only in the procurement documents

II.2.7) Duration of the contract, framework agreement or dynamic purchasing system

Duration in months: 36

This contract is subject to renewal: Yes

Description of renewals:

2-optional 12-month extensions are available on this framework.

II.2.9) Information about the limits on the number of candidates to be invited

II.2.10) Information about variants

Variants will be accepted: No

II.2.11) Information about options

Options: No

II.2.13) Information about European Union funds

The procurement is related to a project and/or programme financed by European Union funds: No

Lot No: 7

II.2.1) Title

Compression Products Round Knit (British Standard) (Ready to Wear)

II.2.2) Additional CPV code(s)

33140000

II.2.3) Place of performance

NUTS code:

UKM


Main site or place of performance:

All entities constituted pursuant to the National Health Service (Scotland) act 1978 i.e. all NHS Scotland.

II.2.4) Description of the procurement

Provision of compression products round knit (British Standard) (Ready to Wear) for NHSS.

Compression garments designed to offer highly effective, therapeutic compression for the management of venous and lymphatic diseases.

Classification — British standard designed for venous disorders giving compression at the ankle of 14 mm Hg-17 mm Hg (class 1) and 18-21 mm Hg (class 2).

Circular knit (round knit) hosiery is seamless, and because finer yarns are used, they are more cosmetically pleasing to patients. They are suitable in the management of mild swelling where there is no shape distortion and the skin is intact.

II.2.5) Award criteria

Price is not the only award criterion and all criteria are stated only in the procurement documents

II.2.7) Duration of the contract, framework agreement or dynamic purchasing system

Duration in months: 36

This contract is subject to renewal: Yes

Description of renewals:

2-optional 12-month extensions are available on this framework.

II.2.9) Information about the limits on the number of candidates to be invited

II.2.10) Information about variants

Variants will be accepted: No

II.2.11) Information about options

Options: No

II.2.13) Information about European Union funds

The procurement is related to a project and/or programme financed by European Union funds: No

Lot No: 8

II.2.1) Title

Compression Products Round Knit (British Standard) (Custom Fit)

II.2.2) Additional CPV code(s)

33140000

II.2.3) Place of performance

NUTS code:

UKM


Main site or place of performance:

All entities constituted pursuant to the National Health Service (Scotland) act 1978 i.e. all NHS Scotland.

II.2.4) Description of the procurement

Provision of compression products round knit (British Standard) (Custom Fit) for NHSS.

Compression garments designed to offer highly effective, therapeutic compression for the management of venous and lymphatic diseases.

Classification — British standard designed for venous disorders giving compression at the ankle of 14 mm Hg-17 mm Hg (class 1) and 18-21 mm Hg (class 2).

Circular knit (round knit) hosiery is seamless, and because finer yarns are used, they are more cosmetically pleasing to patients. They are suitable in the management of mild swelling where there is no shape distortion and the skin is intact.

II.2.5) Award criteria

Price is not the only award criterion and all criteria are stated only in the procurement documents

II.2.7) Duration of the contract, framework agreement or dynamic purchasing system

Duration in months: 36

This contract is subject to renewal: Yes

Description of renewals:

2-optional 12-month extensions are available on this framework.

II.2.9) Information about the limits on the number of candidates to be invited

II.2.10) Information about variants

Variants will be accepted: No

II.2.11) Information about options

Options: No

II.2.13) Information about European Union funds

The procurement is related to a project and/or programme financed by European Union funds: No

Lot No: 9

II.2.1) Title

Compression Products Round Knit (RAL Standard) (Ready to Wear)

II.2.2) Additional CPV code(s)

33140000

II.2.3) Place of performance

NUTS code:

UKM


Main site or place of performance:

All entities constituted pursuant to the National Health Service (Scotland) act 1978 i.e. all NHS Scotland.

II.2.4) Description of the procurement

Provision of compression products round knit (RAL Standard) (Ready to Wear) for NHSS.

The concept of graduated compression hosiery is such that hosiery should be knitted to apply an ever decreasing pressure from the ankle to the thigh, or in the case of below knee hosiery, from the ankle to the knee. The degree of this graduation is laid down in the RAL standard or Hohenstein tested hosiery and British Standard BS 6612:1985. There are slight differences between the graduation requirements on the 2 specifications.

Classification — RAL standard specifies the yarns and material which can be used for producing medical compression stockings, store the compression classes, the sizes for standard size hosiery and the testing method.

II.2.5) Award criteria

Price is not the only award criterion and all criteria are stated only in the procurement documents

II.2.7) Duration of the contract, framework agreement or dynamic purchasing system

Duration in months: 36

This contract is subject to renewal: Yes

Description of renewals:

2-optional 12-month extensions are available on this framework.

II.2.9) Information about the limits on the number of candidates to be invited

II.2.10) Information about variants

Variants will be accepted: No

II.2.11) Information about options

Options: No

II.2.13) Information about European Union funds

The procurement is related to a project and/or programme financed by European Union funds: No

Lot No: 10

II.2.1) Title

Compression Products Round Knit (RAL Standard) (Custom Fit)

II.2.2) Additional CPV code(s)

33140000

II.2.3) Place of performance

NUTS code:

UKM


Main site or place of performance:

All entities constituted pursuant to the National Health Service (Scotland) act 1978 i.e. all NHS Scotland.

II.2.4) Description of the procurement

Provision of Compression Products Round Knit (RAL Standard) (Custom Fit) for NHSS.

The concept of graduated compression hosiery is such that hosiery should be knitted to apply an ever decreasing pressure from the ankle to the thigh, or in the case of below knee hosiery, from the ankle to the knee. The degree of this graduation is laid down in the RAL standard or Hohenstein tested hosiery and British Standard BS 6612:1985. There are slight differences between the graduation requirements on the 2 specifications.

Classification — RAL standard specifies the yarns and material which can be used for producing medical compression stockings, store the compression classes, the sizes for standard size hosiery and the testing method.

II.2.5) Award criteria

Price is not the only award criterion and all criteria are stated only in the procurement documents

II.2.7) Duration of the contract, framework agreement or dynamic purchasing system

Duration in months: 36

This contract is subject to renewal: Yes

Description of renewals:

2-optional 12-month extensions are available on this framework.

II.2.9) Information about the limits on the number of candidates to be invited

II.2.10) Information about variants

Variants will be accepted: No

II.2.11) Information about options

Options: No

II.2.13) Information about European Union funds

The procurement is related to a project and/or programme financed by European Union funds: No

Lot No: 11

II.2.1) Title

Inelastic Adjustable Compression Garments

II.2.2) Additional CPV code(s)

33140000

II.2.3) Place of performance

NUTS code:

UKM


Main site or place of performance:

All entities constituted pursuant to the National Health Service (Scotland) act 1978 i.e. all NHS Scotland.

II.2.4) Description of the procurement

Provision of Inelastic Adjustable Compression Garments for NHSS.

Adjustable short-stretch compression wrap system designed for treating patients with lymphatic and venous conditions. Compression wrap system for the treatment of lymphoedema, chronic oedema and various other swelling related conditions.

II.2.5) Award criteria

Price is not the only award criterion and all criteria are stated only in the procurement documents

II.2.7) Duration of the contract, framework agreement or dynamic purchasing system

Duration in months: 36

This contract is subject to renewal: Yes

Description of renewals:

2-optional 12-month extensions are available on this framework.

II.2.9) Information about the limits on the number of candidates to be invited

II.2.10) Information about variants

Variants will be accepted: No

II.2.11) Information about options

Options: No

II.2.13) Information about European Union funds

The procurement is related to a project and/or programme financed by European Union funds: No

Lot No: 12

II.2.1) Title

Compression Stroke Patients

II.2.2) Additional CPV code(s)

33140000

II.2.3) Place of performance

NUTS code:

UKM


Main site or place of performance:

All entities constituted pursuant to the National Health Service (Scotland) act 1978 i.e. all NHS Scotland.

II.2.4) Description of the procurement

Provision of compression stroke patients for NHSS.

Sequential compression to aid in the prevention of deep vein thrombosis (DVT) and pulmonary embolism (PE) in the at-risk patient.

II.2.5) Award criteria

Price is not the only award criterion and all criteria are stated only in the procurement documents

II.2.7) Duration of the contract, framework agreement or dynamic purchasing system

Duration in months: 36

This contract is subject to renewal: Yes

Description of renewals:

2-optional 12-month extensions are available on this framework.

II.2.9) Information about the limits on the number of candidates to be invited

II.2.10) Information about variants

Variants will be accepted: No

II.2.11) Information about options

Options: No

II.2.13) Information about European Union funds

The procurement is related to a project and/or programme financed by European Union funds: No

Lot No: 13

II.2.1) Title

Consumables

II.2.2) Additional CPV code(s)

33140000

II.2.3) Place of performance

NUTS code:

UKM


Main site or place of performance:

All entities constituted pursuant to the National Health Service (Scotland) act 1978 i.e. all NHS Scotland.

II.2.4) Description of the procurement

Provision of in-scope consumables for NHSS.

II.2.5) Award criteria

Price is not the only award criterion and all criteria are stated only in the procurement documents

II.2.7) Duration of the contract, framework agreement or dynamic purchasing system

Duration in months: 36

This contract is subject to renewal: Yes

Description of renewals:

2-optional 12-month extensions are available on this framework.

II.2.9) Information about the limits on the number of candidates to be invited

II.2.10) Information about variants

Variants will be accepted: No

II.2.11) Information about options

Options: No

II.2.13) Information about European Union funds

The procurement is related to a project and/or programme financed by European Union funds: No

Section III: Legal, economic, financial and technical information

III.1) Conditions for participation

III.1.2) Economic and financial standing

Minimum level(s) of standards required:

All candidates will be required to provide a statement, covering the 3 previous financial years including the overall turnover of the candidate and the turnover in respect of the activities which are of a similar type to the subject matter of this notice.

It is a requirement of this contract that bidders hold, or can commit to obtain prior to the commencement of any subsequently awarded contract, the types and levels of insurance indicated below:

— employer's (compulsory) liability insurance of 2 000 000 GBP (this requirement relates to ESPD 4B.5.1) and

— public liability insurance of 5 000 000 GBP (this requirement relates to ESPD 4B.5.2).

III.1.3) Technical and professional ability

Minimum level(s) of standards required:

Minimum level(s) of standards required:

CE Marked product only.

Compliance to product clinical product specification on a lot by lot basis as outlined within the ITT documentation.

III.2) Conditions related to the contract

Section IV: Procedure

IV.1) Description

IV.1.1) Type of procedure

Open procedure

IV.1.3) Information about a framework agreement or a dynamic purchasing system

The procurement involves the establishment of a framework agreement with several operators.

Envisaged maximum number of participants to the framework agreement: 10

Justification for any framework agreement duration exceeding 4 years: This is a complex clinical area and changes to product will require considerable staff training and potential change to clinical practise and training in technique.

IV.1.8) Information about Government Procurement Agreement (GPA)

The procurement is covered by the Government Procurement Agreement: Yes

IV.2) Administrative information

IV.2.2) Time limit for receipt of tenders or requests to participate

Date: 02/08/2019

Local time: 12:00

IV.2.4) Languages in which tenders or requests to participate may be submitted

EN

IV.2.6) Minimum time frame during which the tenderer must maintain the tender

Duration in months: 3 (from the date stated for receipt of tender)

IV.2.7) Conditions for opening of tenders

Date: 02/08/2019

Local time: 12:00

Section VI: Complementary information

VI.1) Information about recurrence

This is a recurrent procurement: No

VI.3) Additional information

The Common Services Agency (more commonly known as National Services Scotland) (“the Authority”) acting through its division National Procurement is undertaking this procurement on behalf of all entities constituted pursuant to the National Health Service (Scotland) Act 1978, [i.e. all NHS Scotland Health Boards, Special Health Boards and the Authority or other NHS Organisation established

Pursuant to the NHS (Scotland) Act 1978], any integrated Joint Boards established pursuant to the new Public Bodies (Joint Working) Scotland Act 2014 (collectively hereafter referred to as "Participating Authorities").

Economic operators may be excluded from this competition if they are in any of the situations referred to in regulation 58 of the Public Contracts (Scotland) Regulations 2015.

The Public Sector in Scotland is committed to the delivery of high quality public services, and recognises that this is critically dependent on a workforce that is well-rewarded, well-motivated, well-led, has access to appropriate opportunities for training and skills development, diverse and engaged in decision making. These factors are also important for workforce recruitment and retention, and thus continuity of service. Public Bodies in Scotland are adopting fair work practices, which include:

A fair and equal pay policy that includes a commitment to supporting the living wage, including, for example, being a Living Wage Accredited Employer.

Clear managerial responsibility to nurture talent and help individuals fulfil their potential, including for example, a strong commitment to Modern Apprenticeships and the development of Scotland's young workforce.

Promoting equality of opportunity and developing a workforce which reflects the population of Scotland in terms of characteristics such as age, gender, religion or belief, race, sexual orientation and disability.

Support for learning and development.

Stability of employment and hours of work, and avoiding exploitative employment practices, including for example no inappropriate use of zero-hours contracts.

Flexible working (including for example practices such as flexi-time and career breaks) and support for family friendly working and wider work life balance.

Support progressive workforce engagement, for example Trade Union recognition and representation where possible, otherwise alternative arrangements to give staff an effective voice.

In order to ensure the highest standards of service quality in this contract we expect contractors to take a similarly positive approach to fair work practices as part of a fair and equitable employment and reward package.

Please describe how you will commit to fair work practices for workers (including any agency or sub-contractor workers) engaged in the delivery of this contract.

The buyer is using PCS-Tender to conduct this ITT exercise. The Project code is 13788. For more information see: http://www.publiccontractsscotland.gov.uk/info/InfoCentre.aspx?ID=2343

The Contracting Authority does not intend to include a sub-contract clause as part of community benefits [as per Section 25 of the Procurement Reform (Scotland) Act 2014] in this contract for the following reason:

Not applicable.

The Contracting Authority does not intend to include any community benefit requirements in this contract for the following reason:

Not applicable.

(SC Ref: 586641)

VI.4) Procedures for review

VI.4.1) Review body

The Common Services Agency (more commonly known as NHS National Services Scotland) ("NSS")

Gyle Square (NSS Head Office), 1 South Gyle Crescent

Edinburgh

EH12 9EB

UK

Telephone: +44 1698794410

Internet address(es)

URL: http://www.nhsscotlandprocurement.scot.nhs.uk/

VI.4.3) Review procedure

Precise information on deadline(s) for review procedures:

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. Where an economic operator is dissatisfied with the Authority’s response to its request for clarification, or considers that the framework agreement has been concluded in breach of The Public Contracts (Scotland) Regulations 2015, such economic operator is advised to promptly seek independent legal advice.

VI.5) Date of dispatch of this notice

25/06/2019