Opportunity

Supply and Delivery of Construction Materials

  • Scotland Excel

F02: Contract notice

Notice reference: 2024/S 000-000555

Published 8 January 2024, 3:52pm



Section one: Contracting authority

one.1) Name and addresses

Scotland Excel

Renfrewshire House, Cotton Street

Paisley

PA1 1AR

Email

construction@scotland-excel.org.uk

Telephone

+44 1414888230

Country

United Kingdom

NUTS code

UKM83 - Inverclyde, East Renfrewshire and Renfrewshire

Internet address(es)

Main address

http://www.scotland-excel.org.uk

Buyer's address

https://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA10383

one.2) Information about joint procurement

The contract is awarded by a central purchasing body

one.3) Communication

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

https://www.publictendersscotland.publiccontractsscotland.gov.uk/

Additional information can be obtained from the above-mentioned address

Tenders or requests to participate must be submitted electronically via

https://www.publictendersscotland.publiccontractsscotland.gov.uk/

one.4) Type of the contracting authority

Body governed by public law

one.5) Main activity

General public services


Section two: Object

two.1) Scope of the procurement

two.1.1) Title

Supply and Delivery of Construction Materials

Reference number

1422

two.1.2) Main CPV code

  • 44100000 - Construction materials and associated items

two.1.3) Type of contract

Supplies

two.1.4) Short description

This framework is for the Supply and Delivery of Construction Materials, Schedule Reference 1422 and will incorporate various materials, such as, but not limited to electrical, building and timber, plumbing and heating, road maintenance and trade materials to all 32 member councils in Scotland, Tayside Contracts, all associate members of Scotland Excel and cross collaborating authorities.

two.1.5) Estimated total value

Value excluding VAT: £280,000,000

two.1.6) Information about lots

This contract is divided into lots: Yes

Tenders may be submitted for all lots

two.2) Description

two.2.1) Title

Electrical Materials

Lot No

1

two.2.2) Additional CPV code(s)

  • 31000000 - Electrical machinery, apparatus, equipment and consumables; lighting
  • 31300000 - Insulated wire and cable
  • 44322100 - Cable conduits
  • 32551500 - Telephone cables
  • 31224100 - Plugs and sockets
  • 31211300 - Fuses
  • 31611000 - Wiring sets
  • 31220000 - Electrical circuit components
  • 31224700 - Junction boxes
  • 31212000 - Circuit breakers
  • 31712300 - Printed circuits
  • 39715000 - Water heaters and heating for buildings; plumbing equipment
  • 39715100 - Electric instantaneous or storage water heaters and immersion heaters
  • 42520000 - Ventilation equipment
  • 39717000 - Fans and air-conditioning appliances
  • 39717100 - Fans
  • 39714110 - Extraction ventilators
  • 42522000 - Non-domestic fans
  • 31625200 - Fire-alarm systems
  • 31411000 - Alkaline batteries
  • 31440000 - Batteries
  • 42943210 - Immersion thermostats
  • 38431200 - Smoke-detection apparatus
  • 31150000 - Ballasts for discharge lamps or tubes
  • 31500000 - Lighting equipment and electric lamps
  • 31510000 - Electric filament lamps
  • 31512000 - Tungsten halogen filament lamps
  • 31521000 - Lamps
  • 31520000 - Lamps and light fittings
  • 31532110 - Fluorescent tube lamps
  • 31532100 - Tube lamps
  • 31524000 - Ceiling or wall light fittings
  • 31524200 - Wall light fittings
  • 31532000 - Parts of lamps and light fittings

two.2.3) Place of performance

NUTS codes
  • UKM - Scotland
Main site or place of performance

Various locations throughout the geographical boundaries of the participating councils and associate members within Scotland.

two.2.4) Description of the procurement

The sublots under this lot include; Sub-Lot 1.1 General Electrical Materials and Sub-Lot 1.2 Cables and Wiring.

two.2.5) Award criteria

Quality criterion - Name: Quality / Weighting: 20

Price - Weighting: 80

two.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

There is an option to extend the framework period for up to 12 months subject to satisfactory operation and performance. Any period of extension will be at the sole discretion of Scotland Excel.

two.2.10) Information about variants

Variants will be accepted: Yes

two.2.11) Information about options

Options: No

two.2.13) Information about European Union Funds

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

two.2) Description

two.2.1) Title

Trade Materials and Power Tools

Lot No

4

two.2.2) Additional CPV code(s)

  • 44100000 - Construction materials and associated items
  • 43830000 - Power tools
  • 44500000 - Tools, locks, keys, hinges, fasteners, chain and springs
  • 44316000 - Ironmongery
  • 42600000 - Machine tools
  • 42650000 - Pneumatic or motorised hand tools
  • 42651000 - Pneumatic hand tools
  • 44510000 - Tools
  • 44511000 - Hand tools
  • 44512000 - Miscellaneous hand tools
  • 43812000 - Sawing equipment
  • 44511500 - Hand saws
  • 43132100 - Drilling machinery
  • 42637000 - Machine tools for drilling, boring or milling metal
  • 42637100 - Machine tools for drilling metal
  • 44512900 - Drill bits, screwdriver bits and other accessories
  • 43312100 - Planers
  • 43811000 - Sanding machines
  • 44512300 - Hammers
  • 31100000 - Electric motors, generators and transformers
  • 31160000 - Parts of electric motors, generators and transformers
  • 31422000 - Battery packs
  • 43414000 - Grinding machines
  • 42661100 - Soldering equipment
  • 38423100 - Pressure gauges
  • 44512100 - Chisels
  • 44512800 - Screwdrivers
  • 42611000 - Special-purpose machine tools
  • 42620000 - Lathes, boring and milling machine tools
  • 42652000 - Hand-held electromechanical tools
  • 42671000 - Tool holders
  • 44511510 - Handsaw blades
  • 44221240 - Garage doors
  • 44511120 - Shovels
  • 44512200 - Pliers
  • 31521320 - Torches
  • 44613500 - Water containers
  • 44511100 - Spades and shovels
  • 44212314 - Pipe-hanging brackets
  • 44511200 - Gardening forks
  • 44511300 - Mattocks, picks, hoes, rakes and beach rakes
  • 44511340 - Rakes
  • 16120000 - Harrows, scarifiers, cultivators, weeders or hoes
  • 44520000 - Locks, keys and hinges
  • 44523100 - Hinges
  • 44523000 - Hinges, mountings and fittings
  • 44531400 - Bolts
  • 44531520 - Coach bolts and screws
  • 44531300 - Self-tapping screws
  • 44521100 - Locks
  • 44521200 - Padlocks and chains
  • 44531200 - Screw hooks or screw rings
  • 43413100 - Cement mixers
  • 44531100 - Wood screws
  • 44531510 - Bolts and screws
  • 44192200 - Nails
  • 44221300 - Gates
  • 24911200 - Adhesives
  • 39812500 - Sealants
  • 44810000 - Paints
  • 44820000 - Varnishes
  • 44111400 - Paints and wallcoverings
  • 44800000 - Paints, varnishes and mastics
  • 44812200 - Oil and water paints
  • 44812220 - Water paints
  • 09222100 - White spirit
  • 39191000 - Paper- or paperboard-based wall coverings
  • 44830000 - Mastics, fillers, putty and solvents
  • 44831000 - Mastics, fillers, putty
  • 44831200 - Fillers
  • 44832000 - Solvents
  • 44832100 - Paint stripper
  • 39224210 - Painters' brushes

two.2.3) Place of performance

NUTS codes
  • UKM - Scotland
Main site or place of performance

Various locations throughout the geographical boundaries of the participating councils and associate members within Scotland.

two.2.4) Description of the procurement

The Sub-Lots under this lot include; Sub-Lot 4.1 Tools, Sub-Lot 4.2 Ironmongery, Fixings, Adhesives, Sealants and Silicones and Sub-Lot 4.3 Paint and Paint Sundries.

two.2.5) Award criteria

Quality criterion - Name: Quality / Weighting: 20

Price - Weighting: 80

two.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

There is an option to extend the framework period for up to 12 months subject to satisfactory operation and performance. Any period of extension will be at the sole discretion of Scotland Excel.

two.2.10) Information about variants

Variants will be accepted: Yes

two.2.11) Information about options

Options: No

two.2.13) Information about European Union Funds

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

two.2) Description

two.2.1) Title

Road Maintenance Materials

Lot No

5

two.2.2) Additional CPV code(s)

  • 44113900 - Road-maintenance materials
  • 34921000 - Road-maintenance equipment
  • 34928300 - Safety barriers
  • 34928110 - Road barriers
  • 44113000 - Road-construction materials
  • 34928320 - Guardrails
  • 44144000 - Posts
  • 44470000 - Cast-iron products
  • 34928310 - Safety fencing
  • 45233280 - Erection of road-barriers
  • 34928100 - Crash barriers
  • 44163110 - Drainage pipes
  • 44423740 - Manhole covers
  • 44163112 - Drainage system
  • 45232450 - Drainage construction works
  • 45232451 - Drainage and surface works
  • 44114200 - Concrete products
  • 44912400 - Kerbstones
  • 44113120 - Paving slabs
  • 44114250 - Concrete slabs
  • 44113130 - Paving stones
  • 34922100 - Road markings
  • 45233221 - Road-surface painting work
  • 34928450 - Bollards
  • 45233291 - Installation of bollards
  • 30192125 - Markers
  • 34928460 - Road cones
  • 35322400 - Mortars
  • 14211000 - Sand
  • 39541110 - Rope

two.2.3) Place of performance

NUTS codes
  • UKM - Scotland
Main site or place of performance

Various locations throughout the geographical boundaries of the participating councils and associate members within Scotland.

two.2.4) Description of the procurement

The Sub-Lots under this lot include; Sub-Lot 5.1 General Road Maintenance Materials.

two.2.5) Award criteria

Quality criterion - Name: Quality / Weighting: 20

Price - Weighting: 80

two.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

There is an option to extend the framework period for up to 12 months subject to satisfactory operation and performance. Any period of extension will be at the sole discretion of Scotland Excel.

two.2.10) Information about variants

Variants will be accepted: Yes

two.2.11) Information about options

Options: No

two.2.13) Information about European Union Funds

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

two.2) Description

two.2.1) Title

Plumbing and Heating Materials

Lot No

3

two.2.2) Additional CPV code(s)

  • 44115200 - Plumbing and heating materials
  • 39715300 - Plumbing equipment
  • 45330000 - Plumbing and sanitary works
  • 45332200 - Water plumbing work
  • 39715200 - Heating equipment
  • 44160000 - Pipeline, piping, pipes, casing, tubing and related items
  • 14710000 - Iron, lead, zinc, tin and copper
  • 44115210 - Plumbing materials
  • 39715000 - Water heaters and heating for buildings; plumbing equipment
  • 44163121 - Heating pipes
  • 44621220 - Central-heating boilers
  • 45331100 - Central-heating installation work
  • 45331000 - Heating, ventilation and air-conditioning installation work
  • 50720000 - Repair and maintenance services of central heating
  • 19520000 - Plastic products
  • 19500000 - Rubber and plastic materials
  • 39715210 - Central-heating equipment
  • 44115220 - Heating materials
  • 44621221 - Parts of central-heating boilers
  • 42161000 - Hot-water boilers
  • 44621000 - Radiators and boilers
  • 44621200 - Boilers
  • 44620000 - Central-heating radiators and boilers and parts
  • 50531100 - Repair and maintenance services of boilers
  • 44621100 - Radiators
  • 44621110 - Central-heating radiators
  • 44621112 - Parts of central-heating radiators
  • 42131110 - Central-heating radiator valves
  • 44600000 - Tanks, reservoirs and containers; central-heating radiators and boilers
  • 45232141 - Heating works
  • 42131400 - Sanitary taps, cocks
  • 44411000 - Sanitary ware
  • 45332400 - Sanitary fixture installation work
  • 42130000 - Taps, cocks, valves and similar appliances
  • 42131000 - Taps, cocks and valves
  • 44411100 - Taps
  • 50513000 - Repair and maintenance services of taps
  • 44411300 - Washbasins
  • 33711530 - Shower caps
  • 44411400 - Shower basins
  • 44115810 - Curtain rails and hangings
  • 44115811 - Curtain rails
  • 30195800 - Hanging rails or holders
  • 42122000 - Pumps

two.2.3) Place of performance

NUTS codes
  • UKM - Scotland
Main site or place of performance

Various locations throughout the geographical boundaries of the participating councils and associate members within Scotland.

two.2.4) Description of the procurement

The Sub-Lots under this lot include; Sub-Lot 3.1 General Plumbing and Heating Materials and Sub-Lot 3.2 Sanitary Ware, Accessories and Adaptations.

two.2.5) Award criteria

Quality criterion - Name: Quality / Weighting: 20

Price - Weighting: 80

two.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

There is an option to extend the framework period for up to 12 months subject to satisfactory operation and performance. Any period of extension will be at the sole discretion of Scotland Excel.

two.2.10) Information about variants

Variants will be accepted: Yes

two.2.11) Information about options

Options: No

two.2.13) Information about European Union Funds

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

two.2) Description

two.2.1) Title

Building and Timber Materials

Lot No

2

two.2.2) Additional CPV code(s)

  • 44111000 - Building materials
  • 03419000 - Timber
  • 03419100 - Timber products
  • 44221200 - Doors
  • 03410000 - Wood
  • 44221000 - Windows, doors and related items
  • 03415000 - Softwood
  • 44231000 - Made-up fencing panels
  • 34928220 - Fencing components
  • 44175000 - Panels
  • 44191200 - Laminated wood
  • 14212000 - Granules, chippings, stone powder, pebbles, gravel, broken and crushed stone, stone mixtures, sand-gravel mixtures and other aggregates
  • 44113120 - Paving slabs
  • 14210000 - Gravel, sand, crushed stone and aggregates
  • 14212200 - Aggregates
  • 44111800 - Mortar (construction)
  • 24957200 - Additives for cements, mortars or concretes
  • 44112500 - Roofing materials
  • 44191100 - Plywood
  • 03418100 - Hardwood
  • 44221211 - Door frames
  • 44221220 - Fire doors
  • 34928200 - Fences
  • 39141200 - Worktops
  • 39141400 - Fitted kitchens
  • 44111600 - Blocks
  • 44111100 - Bricks
  • 35322400 - Mortars
  • 43413000 - Concrete or mortar mixers
  • 44114250 - Concrete slabs
  • 39562000 - Felt
  • 44113100 - Paving materials
  • 44113130 - Paving stones
  • 44912400 - Kerbstones

two.2.3) Place of performance

NUTS codes
  • UKM - Scotland
Main site or place of performance

Various locations throughout the geographical boundaries of the participating councils and associate members within Scotland.

two.2.4) Description of the procurement

The Sub-Lots under this lot include; Sub-Lot 2.1 General Timber Materials, Sub-Lot 2.2 Laminated Walls Panels, Sub-Lot 2.3 Kitchen Units and Worktops, Sub-Lot 2.4 Building and Roofing Materials and Sub-Lot 2.5 Natural and Dimensional Stone for Build and Repair.

two.2.5) Award criteria

Quality criterion - Name: Quality / Weighting: 20

Price - Weighting: 80

two.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

There is an option to extend the framework period for up to 12 months subject to satisfactory operation and performance. Any period of extension will be at the sole discretion of Scotland Excel.

two.2.10) Information about variants

Variants will be accepted: Yes

two.2.11) Information about options

Options: No

two.2.13) Information about European Union Funds

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


Section three. Legal, economic, financial and technical information

three.1) Conditions for participation

three.1.2) Economic and financial standing

List and brief description of selection criteria

1.SPD (Scotland) Questions 4B.5.1b and 4B.5.2: Insurance Requirements

2.SPD (Scotland) Question 4B.6: Other Economic & Financial Requirements

In accordance with Regulation 59(12), as this proposed Framework Agreement is divided into Sub-Lots, these Economic and Financial Standing selection criteria apply separately in relation to each individual Sub-Lot.

Minimum level(s) of standards possibly required

1.SPD (Scotland) Question 4B.5.1b and 4B.5.2 - INSURANCE REQUIREMENTS:

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

ALL SUB-LOTS

Employers’ Liability – in accordance with Regulation 5 of the Employers’ Liability (Compulsory Insurance) Regulations 1998 to a minimum indemnity limit of GBP 10 million in respect of each and every claim, without limit to the number of claims;

Public/Products Liability – to a minimum indemnity limit of GBP 10 million in respect of each and every claim, without limit to the number of claims for Public Liability, and in the aggregate for Products Liability;

Motor Vehicle - statutory third party motor vehicle liability insurance no less than a minimum indemnity limit of GBP 5 million for property damage and unlimited for Third Party Injury.

And

Goods in Transit – to cover the value of the materials carried.

Tenderers must note that these minimum levels of insurance are required to be awarded onto the framework, however, Councils may request an increase to the minimum level of insurance cover required or request additional insurance cover when awarding a Call-off under the Framework Contract.

For bidders who will sub contract parts of the business, the bidder should provide a letter signed by a person of appropriate authority confirming that the bidder has ongoing arrangements in place to ensure that subcontractors’ vehicles are appropriately insured and maintained.

LIMITATIONS ON LIABILITY are detailed in the published terms and conditions of Contract. FURTHER LIMITATIONS on LIABILITY ARE NOT ACCEPTED.

2.SPD (Scotland) Question 4.B.6 - OTHER ECONOMIC AND FINANCIAL REQUIREMENTS:

A search of the bidder against Equifax's Protect must not return a 'Warning' or 'Caution' returnable code or any neutral code, unless the bidder confirms that it can provide any other document which Scotland Excel considers appropriate to prove to Scotland Excel (acting within its permitted discretion under the applicable public procurement rules) that the bidder does / would not present an unmanageable risk should it be appointed on to the proposed Framework Agreement.

Equifax's Protect is a fraud indicator / credit risk search and analysis of five areas of threat in relation to a particular company: credit history; disqualification; validation and investigation bureau; connected data; and bureau information.

three.1.3) Technical and professional ability

List and brief description of selection criteria

In accordance with Regulation 59(12), as this proposed Framework Agreement is divided into Lots and Sub-Lots, these Technical and Professional Ability selection criteria apply separately in relation to each individual sub-lot.

-SPD (Scotland) Question 4C.10 – Subcontracting

-SPD (Scotland) Question 4C.11 – Samples

-SPD (Scotland) Question 4C.12 - Certificates

-SPD (Scotland) Question 4D.1 - Quality Assurance Schemes and Health and Safety Procedures

-SPD (Scotland) Question 4D.2 - Environmental Management Standards

Minimum level(s) of standards possibly required

Further to the identified selection criteria outlined above, full guidance and the minimum levels of standards required are outlined in the "1422 Construction Materials_III.1.3 Technical and Professional Ability" document, which can be found in the "Information and Instructions" folder in the Buyer Attachment area, within ITT 51630 of project 25043.

three.2) Conditions related to the contract

three.2.2) Contract performance conditions

For full details of the terms and conditions relevant to the proposed Framework Contract and contracts to be called off thereunder (to the extent known or settled at this stage), please see the tender documents (details of how to access these are set out in section "I.3, Communication" of this Contract Notice). Tenderers require to confirm their acceptance of the terms and conditions. TENDERS MADE SUBJECT TO CONDITIONS MAY NOT BE CONSIDERED AND MAY BE REFUSED ON THE GROUNDS OF SUCH CONDITIONS ALONE.


Section four. Procedure

four.1) Description

four.1.1) Type of procedure

Open procedure

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

The procurement involves the establishment of a framework agreement

Framework agreement with several operators

Envisaged maximum number of participants to the framework agreement: 25

four.1.8) Information about the Government Procurement Agreement (GPA)

The procurement is covered by the Government Procurement Agreement: Yes

four.2) Administrative information

four.2.1) Previous publication concerning this procedure

Notice number: 2023/S 000-025312

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

Date

9 February 2024

Local time

12:00pm

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

English

four.2.7) Conditions for opening of tenders

Date

9 February 2024

Local time

12:00pm

Place

Scotland Excel, Renfrewshire House, Cotton Street, Paisley PA1 1AR on https://www.publictendersscotland.publiccontractsscotland.gov.uk/


Section six. Complementary information

six.1) Information about recurrence

This is a recurrent procurement: No

six.2) Information about electronic workflows

Electronic ordering will be used

Electronic invoicing will be accepted

Electronic payment will be used

six.3) Additional information

Scotland Excel is a central purchasing body and is procuring this framework on behalf of the following contracting authorities (and successor bodies):

A) The 32 local authorities in Scotland as listed at http://www.scotland-excel.org.uk/home/aboutus/ourmembers.aspx

B) Scotland Excel associate members as listed at http://www.scotland-excel.org.uk/home/Aboutus/Ourmembers/Associate-members.aspx

C) any Integration Authority, or other body, established pursuant to the Public Bodies (Joint Working)(Scotland)Act 2014.

D) Any Scottish Registered Social Landlords listed on the public register of the Scottish Housing Regulator: http://directory.scottishhousingregulator.gov.uk/Documents/Landlord%20Register.pdf as at the date of publication of this notice.

E) Tayside Contracts

F) Advanced Procurement for Universities and Colleges (APUC Ltd) and their member organisations across the higher and further education sector in Scotland and their associated and affiliated bodies.

G) Scottish Prison Service (SPS) and all establishments owned and managed by the Scottish Ministers through the Scottish Prison Service;

H) Scottish National Health Service Authorities and Trusts

I) Transport Scotland

The above is subject to each contracting authority entering into and maintaining a relevant membership agreement or other access agreement with Scotland Excel.

Retrospective rebates apply to this framework. For further details, please see the Special Conditions of Contract

Tenderers are advised that the envisaged maximum number of participants that might be appointed to the proposed framework agreement set out in section IV.1.3 of this contract notice is purely indicative. Scotland Excel reserves the right to appoint more or less bidders than the envisaged maximum number to the proposed Framework Agreement.

Tenderers are advised that whether electronic auction, electronic ordering, invoicing and payment will be used or accepted is at the discretion of each Scotland Excel Council, Associate Member or other Bodies Participating which will be settled by them during the procedure for the call-off of a contract under this proposed Framework Agreement.

IMPORTANT NOTE FOR TENDERERS: Particular requirements apply, including but not limited to, a Minimum Bid Requirement for all sub-lots. Further detailed information and instructions are contained within the tender documents.

Further information regarding the operation of the framework can be found within the tender documentation which is available in the relevant PCS-T project for this procurement exercise.

The buyer is using PCS-Tender to conduct this ITT exercise. The Project code is 25043. For more information see: http://www.publiccontractsscotland.gov.uk/info/InfoCentre.aspx?ID=2343

A sub-contract clause has been included in this contract. For more information see: http://www.publiccontractsscotland.gov.uk/info/InfoCentre.aspx?ID=2363

Community benefits are included in this requirement. For more information see: https://www.gov.scot/policies/public-sector-procurement/community-benefits-in-procurement/

A summary of the expected community benefits has been provided as follows:

Community Benefits will be assessed under the technical section. Full guidance on the scoring of community benefits is contained in the "Information and Instructions" folder which can be found in the "Buyer Attachment" area of ITT_51630 and project_25043, SXL 1422 Construction Materials.

(SC Ref:731616)

six.4) Procedures for review

six.4.1) Review body

Court of Session

Parliament Square

Edinburgh

EH1 1RQ

Country

United Kingdom

six.4.3) Review procedure

Precise information on deadline(s) for review procedures

: An economic operator that suffers, or risks suffering, loss or damage attributable to a breach of duty under the Public Contracts (Scotland) Regulations 2015 (SSI 2015/446) (as amended) may bring proceedings in the Sheriff Court or the Court of Session.