- 1. Glasgow City Council
- 2. The Wheatley Housing Group Limited
- 3. Disclosure Scotland
- 4. Scottish Prison Service
- 5. University of Strathclyde
- 6. Glasgow Caledonian University
- 7. City of Glasgow College
- 8. Glasgow Clyde College
- 9. Glasgow Kelvin College
- 10. University of Glasgow
- 11. The Glasgow School of Art
- 12. Glasgow Life (Culture & Sport Glasgow)
- 13. City Building (Glasgow) LLP
- 14. Jobs & Business Glasgow
Section one: Contracting authority
one.1) Name and addresses
Glasgow City Council
Chief Executives Department, City Chambers
Glasgow
G2 1DU
Contact
Raji Purba
Telephone
+44 1412879077
Fax
+44 1412879399
Country
United Kingdom
NUTS code
UKM82 - Glasgow City
Internet address(es)
Main address
Buyer's address
http://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA00196
one.1) Name and addresses
The Wheatley Housing Group Limited
25 Cochrane Street
Glasgow
G1 1HL
Contact
Neve Beaton
neve.beaton@wheatley-group.com
Telephone
+44 7825823911
Country
United Kingdom
NUTS code
UKM82 - Glasgow City
Internet address(es)
Main address
Buyer's address
https://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA10306
one.1) Name and addresses
Disclosure Scotland
1 Pacific Quay
Glasgow
G51 1DZ
Contact
Lenore Robson
lenore.robson@disclosurescotland.gov.scot
Telephone
+141 3143097
Country
United Kingdom
NUTS code
UKM82 - Glasgow City
Internet address(es)
Main address
http://www.disclosurescotland.co.uk/
Buyer's address
https://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA16222
one.1) Name and addresses
Scottish Prison Service
5 Redheughs Rigg
Edinburgh
EH12 9HW
Contact
Lisa Bain
Telephone
+44 1313303770
Country
United Kingdom
NUTS code
UKM75 - Edinburgh, City of
National registration number
Calton House,
Internet address(es)
Main address
Buyer's address
https://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA00384
one.1) Name and addresses
University of Strathclyde
40 George Street, Procurement Department
Glasgow
G1 1QE
Contact
Laura Shaw
Telephone
+44 7811592949
Country
United Kingdom
NUTS code
UKM82 - Glasgow City
National registration number
Calton House,
Internet address(es)
Main address
Buyer's address
https://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA00113
one.1) Name and addresses
Glasgow Caledonian University
70 Cowcaddens Road
Glasgow
G4 0BA
Contact
Alana McGowan
Telephone
+44 1413313578
Country
United Kingdom
NUTS code
UKM82 - Glasgow City
National registration number
Calton House,
Internet address(es)
Main address
http://www.gcu.ac.uk/procurement
Buyer's address
https://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA00195
one.1) Name and addresses
City of Glasgow College
190 Cathedral Street
Glasgow
G4 0RF
Contact
Amie McCrudden
amie.mccrudden@cityofglasgowcollege.ac.uk
Telephone
+44 1413755316
Country
United Kingdom
NUTS code
UKM82 - Glasgow City
National registration number
Calton House,
Internet address(es)
Main address
http://www.cityofglasgowcollege.ac.uk/
Buyer's address
https://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA00453
one.1) Name and addresses
Glasgow Clyde College
50 Prospecthill Road
Glasgow
G42 9LB
Contact
Joanne McQuillan
Telephone
+44 1412723858
Country
United Kingdom
NUTS code
UKM82 - Glasgow City
National registration number
Calton House,
Internet address(es)
Main address
Buyer's address
https://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA00457
one.1) Name and addresses
Glasgow Kelvin College
123 Flemington St
Glasgow
G21 4TD
Contact
Alison Ng
Telephone
+44 7380525722
Country
United Kingdom
NUTS code
UKM82 - Glasgow City
National registration number
Calton House,
Internet address(es)
Main address
https://www.glasgowkelvin.ac.uk/
Buyer's address
https://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA22362
one.1) Name and addresses
University of Glasgow
Procurement Office, (Tay House)
Glasgow
G12 8QQ
Contact
Josephine Gallagher
Josephine.gallagher@glasgow.ac.uk
Telephone
+44 1413304415
Country
United Kingdom
NUTS code
UKM82 - Glasgow City
National registration number
Calton House,
Internet address(es)
Main address
Buyer's address
https://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA00108
one.1) Name and addresses
The Glasgow School of Art
167 Renfrew Street
Glasgow
G3 6RQ
Contact
Karen Hardisty
Telephone
+44 7872944282
Country
United Kingdom
NUTS code
UKM82 - Glasgow City
National registration number
Calton House,
Internet address(es)
Main address
Buyer's address
https://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA00197
one.1) Name and addresses
Glasgow Life (Culture & Sport Glasgow)
38 Albion Street
Glasgow
G1 1LH
Contact
Sandra Maclennan
sandra.maclennan@glasgowlife.org.uk
Telephone
+44 77667538890
Country
United Kingdom
NUTS code
UKM82 - Glasgow City
National registration number
Calton House,
Internet address(es)
Main address
Buyer's address
https://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA10287
one.1) Name and addresses
City Building (Glasgow) LLP
350 Darnick Street
Glasgow
G21 4BA
Contact
Dilip Singh
creditors@citybuildingglasgow.co.uk
Telephone
+44 1412872200
Country
United Kingdom
NUTS code
UKM82 - Glasgow City
National registration number
Calton House,
Internet address(es)
Main address
http://www.citybuildingglasgow.co.uk
Buyer's address
https://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA11002
one.1) Name and addresses
Jobs & Business Glasgow
Ladywell Business Centre, 94 Duke Street
Glasgow
G4 0UW
Contact
Nicola Pinkerton
Telephone
+44 1412743111
Country
United Kingdom
NUTS code
UKM82 - Glasgow City
National registration number
Calton House,
Internet address(es)
Main address
Buyer's address
https://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA16584
one.2) Information about joint procurement
The contract involves joint procurement
one.3) Communication
The procurement documents are available for unrestricted and full direct access, free of charge, at
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
www.publictendersscotland.publiccontractsscotland.gov.uk
one.4) Type of the contracting authority
Regional or local authority
one.5) Main activity
General public services
Section two: Object
two.1) Scope of the procurement
two.1.1) Title
Provision of Taxi and Private Vehicle Hire
Reference number
GCC005912CPU
two.1.2) Main CPV code
- 60120000 - Taxi services
two.1.3) Type of contract
Services
two.1.4) Short description
The council requires Bidders to submit bids for the Provision of Taxi and Private Vehicle Hire Services for the purposes of transporting employees, clients/ customers of the council and staff.
Furthermore, due to the nature of this framework, the council is looking to contract with organisations who can offer a fleet of vehicles to include wheelchair access and can facilitate dedicated drivers in order to ensure that vulnerable passengers have safe travel arrangements in place.
All drivers must have valid enhanced disclosure clearance of which the council requires “Protecting Vulnerable Groups (PVG) Scheme” membership. This is required for all drivers who are conducting Regulated Work on behalf of the council in accordance with the terms of Part 2 of Schedule 2 of the PVG (Scotland) Act.
Services will be required mainly across Glasgow boundary as defined as lot 1 and in areas outside of the city as defined as lot 2 for the transportation of passengers
Lot 1 –Scheduled and Unscheduled Work – commencing within Glasgow Boundary
Lot 2 –Unscheduled – commencing outwith Glasgow Boundary
The council uses a unique innovative structure to deliver services to Glasgow’s citizens. The council family has established a network of wholly and partly owned Arms' Length External Organisations ("ALEOs") which now provide services to and on behalf of the council. Within the council family the main users of this framework shall be Education Services and Glasgow Health & Social Care Partnership, of which Education Services are the lead department.
Bidders should note that the following external organisations will be using this framework:-
1-Glasgow Caledonian University
2-Glasgow kelvin College
3-City of Glasgow
4-Glasgow School of Arts
5-The University of Glasgow
6-The University of Strathclyde
7-Wheatley Housing Group
8-Disclosure Scotland
9-Glasgow Clyde College
10-Scottish Prison Service
two.1.5) Estimated total value
Value excluding VAT: £34,000,000
two.1.6) Information about lots
This contract is divided into lots: Yes
Tenders may be submitted for maximum number of lots
2
two.2) Description
two.2.1) Title
Lot 1 – Scheduled and Unscheduled Work – Commencing within Glasgow Boundary
Lot No
1
two.2.2) Additional CPV code(s)
- 64120000 - Courier services
- 60120000 - Taxi services
- 60170000 - Hire of passenger transport vehicles with driver
- 60171000 - Hire of passenger cars with driver
two.2.3) Place of performance
NUTS codes
- UKM82 - Glasgow City
two.2.4) Description of the procurement
Lot 1: Schedule and Non-Scheduled Journeys– Glasgow Boundary
Scheduled Element
Provision of taxi and/or private vehicle hire service on a scheduled for the transportation of vulnerable adults, children with additional support needs, young people, children, escorts and officers/members of the council on business.
-Runs shall be required 7 days a week, 24 hours (52 weeks of the year) including Public holidays.
Note for Education runs are required 5 days a week during term time.
-Single journeys can vary in length but will generally be up to 50 miles.
-Some of these journeys will form part of a court order so must be completed correctly of which the Supplier will be advised at time of placing the order.
-Single journeys may require multiple pickups of which the Bidder must calculate the most cost-effective route and advise the council.
Unscheduled Element
Provision of a taxi and/or private hire service on unscheduled service mainly for officers/members of the council that are undertaking council business, but in addition to this providing transportation for vulnerable adults, children with additional support needs, children and escorts as and when required.
-Runs shall be required 7 days a week, 24 hours (52 weeks of the year) including public holidays.
-Journeys will vary on length from 1 mile to 50 miles.
-Some of these journeys will form part of a court order so must be complete correctly of which the supplier will be advised at time of placing the order.
-Single journeys may require multiple pickups of which the bidder must calculate the most cost-effective route and advise the council.
All drivers must have valid enhanced disclosure clearance of which the council requires “Protecting Vulnerable Groups (PVG) Scheme” membership. This is required for all drivers who are conducting Regulated Work on behalf of the council in accordance with the terms of Part 2 of Schedule 2 of the PVG (Scotland) Act.
Furthermore, due to the nature of this framework, the council is looking to contract with organisations who can offer a fleet of vehicles to include wheelchair access and can facilitate dedicated drivers in order to ensure that vulnerable passengers have safe travel arrangements in place.
two.2.5) Award criteria
Quality criterion - Name: Fair Working Practice / Weighting: 5
Quality criterion - Name: Quality / Weighting: 50
Price - Weighting: 45
two.2.6) Estimated value
Value excluding VAT: £3,000,000
two.2.7) Duration of the contract, framework agreement or dynamic purchasing system
Duration in months
48
This contract is subject to renewal
No
two.2.10) Information about variants
Variants will be accepted: No
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
Lot 2 – Unscheduled commencing out with Glasgow Boundary
Lot No
2
two.2.2) Additional CPV code(s)
- 64120000 - Courier services
- 60120000 - Taxi services
- 60170000 - Hire of passenger transport vehicles with driver
- 60171000 - Hire of passenger cars with driver
two.2.3) Place of performance
NUTS codes
- UKM82 - Glasgow City
- UKM83 - Inverclyde, East Renfrewshire and Renfrewshire
- UKM81 - East Dunbartonshire, West Dunbartonshire and Helensburgh & Lomond
- UKM95 - South Lanarkshire
- UKM84 - North Lanarkshire
two.2.4) Description of the procurement
Lot 2: Unscheduled – Outwith Glasgow Boundary
Provision of a taxi and/or private hire service on an Unscheduled service) mainly for transportation for vulnerable adults, children with additional support needs, children and escorts as and when required.
-Runs shall be required 7 days a week, 24 hours (52 weeks of the year) including public holidays.
-Journeys will vary on length from 1 mile to 50 miles.
-Some of these journeys will form part of a court order so must be complete correctly of which the supplier will be advised at time of placing the order.
-Single journeys may require multiple pickups of which the bidder must calculate the most cost-effective route and advise the council.
-Bidders will be required to pick up vulnerable passengers from locations outwith Glasgow City Council boundary and to take them to locations within the Glasgow Boundary and vice versa.
-The council expects these runs to be located within the Local Authorities area which may change during the framework period dependant on requirements:
For both lots, please note during inclement weather conditions assessment of each area of the city should be completed regarding the ability to service the runs. A city-wide decision should not be the default position. Suppliers must keep all services/users updated and advise the council representatives of any issues or concerns which may impact the services.
All drivers must have valid enhanced disclosure clearance of which the council requires “Protecting Vulnerable Groups (PVG) Scheme” membership. This is required for all drivers who are conducting Regulated Work on behalf of the council in accordance with the terms of Part 2 of Schedule 2 of the PVG (Scotland) Act.
Furthermore, due to the nature of this framework, the council is looking to contract with organisations who can offer a fleet of vehicles to include wheelchair access and can facilitate dedicated drivers in order to ensure that vulnerable passengers have safe travel arrangements in place.
two.2.5) Award criteria
Quality criterion - Name: Fair Working Practice / Weighting: 5
Quality criterion - Name: Quality / Weighting: 50
Price - Weighting: 45
two.2.6) Estimated value
Value excluding VAT: £4,000,000
two.2.7) Duration of the contract, framework agreement or dynamic purchasing system
Duration in months
48
This contract is subject to renewal
No
two.2.10) Information about variants
Variants will be accepted: No
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.1.1) Suitability to pursue the professional activity, including requirements relating to enrolment on professional or trade registers
List and brief description of conditions
As stated in:-
Document One – Invitation to Tender Document
and
Document Two – Technical Specification
three.1.2) Economic and financial standing
List and brief description of selection criteria
Economic & Financial Standing
This section seeks to assess Bidders Economic and Financial Standing as well as the ability to meet the Council’s minimum Insurance requirements as set out below and included within the Contract Notice.
Financial Check
In order to pass the Financial Check section of the contract, it is mandatory for companies to attain the undernoted: -
Bidders must comply with the undernoted financial requirements in order to participate in the tendering process: -
There is a minimum financial requirement that affects trading performance, and balance sheet strength.
Financial requirements for trading performance and balance sheet strength should be calculated on latest filed accounts. accounts with Companies House
Trading Performance
An overall positive outcome on EBITDA earnings over a 3-year period
Exceptional items can be excluded from the calculation.
The above would be expressed in the ratio EBITDA/Turnover
Balance Sheet strength
Net worth of the organisation must be positive at the time of evaluation.
and organisation must not be subject to an insolvency process.
Intangibles can be included for purposes of the Total Assets figure.
The above would be expressed in the ratio Total Assets/Total Liabilities
If an applicant is only required to file abbreviated accounts with Companies House, then in the event of the company being successful in the procurement process, full set of accounts will be required for the last 2 individual years filed in order for the 3-year profitability requirement to be verified.
An applicant should have no outstanding issues, with regard to statutory filing requirements with Companies House.
Applicants who have been trading for less than the 3 years noted above must provide. evidence that they are complying with the above minimum financial requirements. for the period in which they have been trading.
Applicants who do not comply with the above financial requirements but are part. of a Group, can provide a Parent Guarantee (in the Council style) if the Parent company satisfies the financial requirements stipulated above.
Glasgow City Council reserves the right, at its own discretion, to seek such other information from the Bidder in accordance with Regulations 61(7) or Regulation 61 (8) of the Public Contracts (Scotland) Regulations 2015 to prove the Bidder's economic and financial standing.
Applicants who are subsequently appointed to the Framework shall, during the lifetime of the Framework Agreement, inform the Council immediately of any material changes to the information provided in their submission in relation to economic and financial standing. The Council notes Regulation 60(9) and 60(11) of the Public Contracts (Scotland) Regulations 2015 and reserves the right to refuse to award a contract following a mini competition should the Applicant no longer meet the requirements set out in this SPD.
Any Bidder that fails to achieve or exceed the criteria as stated above will be excluded at this stage.
Minimum level(s) of standards possibly required
INSURANCES
Glasgow City Council’s Insurance Requirements are:
-Applicants shall take out and maintain, throughout the period of the Framework, Employer’s Liability insurance to the value of at least TEN MILLION POUNDS STERLING (10,000,000) in respect of any one event and unlimited in the period.
-Applicants shall take out and maintain, throughout the period of the Framework, Public Liability insurance to the value of at least FIVE MILLION POUNDS STERLING (5,000,000) in respect of any one event and unlimited in the period.
-Applicants shall take out and maintain, throughout the period of the Framework, Abuse cover to the value of at least FIVE MILLION POUNDS STERLING (5,000,000) in respect of any one claim, without limit to the number of claims or; Abuse cover to the value of at least TEN MILLION POUNDS STERLING (10,000,000) in respect of any one claim, and in the aggregate. The policy must be arranged on a ‘claims occurring’ basis. Please note cover arranged on a claims made basis will not be accepted by Glasgow City Council.
-Applicants shall take out and maintain throughout the period of the Framework, at least statutory Motor insurance cover as per the Road Traffic Act 1988.
The above insurances shall be with an insurance company registered with Financial Conduct Authority (FCA) in the UK, or equivalent body for EU member states by the council and any organisation shall not sub-let or sub-contract any part of the commission unless the sub-contractor is similarly insured, unless the council agrees otherwise. It is the express responsibility of the lead organisation to ensure this is the case.
Should the Bidder not have the specified insurances at the time of tendering then, the Bidder must certify in their response to this ITT that the specified insurance will be obtained.
three.1.3) Technical and professional ability
List and brief description of selection criteria
Please refer to "Document One" Stage 2 - Technical & Professional Ability of which Bidders MUST answer all the questions.
This section has a weighted scored of 100%. Each question/example contained within this section will be given individual scores which total to 100% e.g.
4C.1 Please provide 2 relevant examples of supplies and/or services carried out during the last three years as specified in the Contract Notice:(Examples from both public and/or private sector customers and clients may be provided)
Example 1 40%
Example 2 40%
4C.9 Please provide details of relevant tools, plant or technical equipment available to you in relation to this procurement exercise. 20%
Total Section 100%
EVALUATION PROCESS
A minimum pass mark of 60% out of 100% is required in total for this section.
Any Bidder who fails to achieve the minimum score for this section will be excluded at this stage.
Minimum level(s) of standards possibly required
All drivers must have valid enhanced disclosure clearance of which the council requires “Protecting Vulnerable Groups (PVG) Scheme” membership. This is required for all drivers who are conducting Regulated Work on behalf of the council in accordance with the terms of Part 2 of Schedule 2 of the PVG (Scotland) Act.
Furthermore, due to the nature of this framework, the council is looking to contract with organisations who can offer a fleet of vehicles to include wheelchair access and can facilitate dedicated drivers in order to ensure that vulnerable passengers have safe travel arrangements in place.
three.2) Conditions related to the contract
three.2.2) Contract performance conditions
Key Performance Indicators as detailed Terms and Conditions - Document Four and Document One- ITT
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
four.1.8) Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: No
four.2) Administrative information
four.2.2) Time limit for receipt of tenders or requests to participate
Date
6 June 2024
Local time
12:00pm
four.2.4) Languages in which tenders or requests to participate may be submitted
English
four.2.6) Minimum time frame during which the tenderer must maintain the tender
Duration in months: 4 (from the date stated for receipt of tender)
four.2.7) Conditions for opening of tenders
Date
6 June 2024
Local time
12:00pm
Place
Glasgow
Section six. Complementary information
six.1) Information about recurrence
This is a recurrent procurement: Yes
Estimated timing for further notices to be published: April 2028
six.2) Information about electronic workflows
Electronic invoicing will be accepted
Electronic payment will be used
six.3) Additional information
Economic operators may be excluded from this competition if they are in any situations referred to in regulation 58 of the Public Contracts (Scotland) Regulations 2015.
For SPD Questions 4D.1, 4D1.1, 4D1.2, 4D2, 4D2.1 and 4D2.2; applicants should hold the relevant certificates for Quality Control, Environmental Management Services and Health & Safety. If bidders do not hold the relevant certificates, they will be required to respond to supporting questions which have been added to the technical envelope.
Freedom of Information Act — Information on the FOI Act is contained in Appendix A of the ITT. Applicants must note the implications of this legislation and ensure that any information they wish the council to consider withholding is specifically indicated on the FOI certificate (NB the council does not bind itself to withhold this information).
Tenderers Amendments — Applicants must enter any clause, condition, amendment to specification or any other qualification they may wish to make conditional to this offer.
Prompt Payment — The successful tenderer shall, as a condition of being awarded the tender, be required to demonstrate to the council's satisfaction that all funds due to the tenderer's permitted sub-contractors in respect of these works are paid timeously and that as a minimum invoices rendered by subcontractors shall (unless formally disputed by the tenderer) be paid within 30 days of receipt. The successful tenderer shall also impose this condition on its sub-contractors in respect of payments due to any sub-sub-contractors, if any.
Non Collusion — Applicants will be required to complete the Non Collusion certificate.
Insurance Mandate - All successful suppliers will be required to sign an Insurance Mandate, contained in the buyers attachments area within the PCS Tender portal authorising the Council to request copies of insurance documents from the supplier’s insurance provider. If the mandate is not signed and returned the Council reserves the right to request copies of insurance certificates from bidders at any point during the contract period.
Terms and Conditions are located within the attachments area within the PCS Tender portal (Document Four)
Additional information pertaining to this contract notice is contained in the Invitation to Tender (Document One) and Technical Specification (Document Two) documents situated within the attachments area of PCS-T.
Bidders must ensure they read all the attachments available in the suppliers attachment area in line with this contract notice.
The buyer is using PCS-Tender to conduct this ITT exercise. The Project code is 26246. 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:
The council does not foresee bidders sub contracting this service.
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:
The council is seeking Mandatory Community Benefits, please refer to Document One -Invitation to Tender document
(SC Ref:763825)
six.4) Procedures for review
six.4.1) Review body
Glasgow Sheriff Court and Justice of the Peace Court
PO BOX 23 1 Carlton Place
Glasgow
G5 9DA
Fax
+44 1412879399
Country
United Kingdom
Internet address
six.4.3) Review procedure
Precise information on deadline(s) for review procedures
Precise information on deadline(s) for review procedures:
Glasgow City Council 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. The Council 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 the period is 15 days) to elapse between the date of despatch of the notice referred to in Regulation 86 of The Public Contract (Scotland) Regulations 2015 (“the Regulations”). The Council 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 Council, suffers or risks suffering loss or damage. The bringing of court proceedings during the standstill period means that the Council must not enter into the contract 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 Council seeking further
clarification on the notice, to which the Council must respond within 15 days. Economic Operators should be mindful to seek their own independent legal advice when they consider appropriate to do so.