Contract

Patient Lifting Equipment

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

F03: Contract award notice

Notice identifier: 2021/S 000-014747

Procurement identifier (OCID): ocds-h6vhtk-029f09

Published 28 June 2021, 5:15pm



Section one: Contracting authority

one.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

Contact

Paul Clyde

Email

paul.clyde@nhs.scot

Telephone

+44 1312757728

Country

United Kingdom

NUTS code

UKM - Scotland

Internet address(es)

Main address

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

Buyer's address

https://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA11883

one.2) Information about joint procurement

The contract is awarded by a central purchasing body

one.4) Type of the contracting authority

Body governed by public law

one.5) Main activity

Health


Section two: Object

two.1) Scope of the procurement

two.1.1) Title

Patient Lifting Equipment

Reference number

NP592/21

two.1.2) Main CPV code

  • 33192600 - Lifting equipment for health care sector

two.1.3) Type of contract

Supplies

two.1.4) Short description

This contract framework is for the provision of Patient Lifting Equipment used by Healthcare Professionals predominantly within an Acute (Hospital) settings and covers the following equipment;

Hoists

Slings

Slide Sheets

NOTE: The buyer is using PCS-Tender to carry out this procurement process. Please note this is a separate website and if you are not already registered, registration will be required.

To access PCS-Tender, record your interest in this notice and access the tender documentation please visithttps://www.publictendersscotland.publiccontractsscotland.gov.uk and search for project Code 17915 under ITTs Open to All Suppliers. Please use the Search/Filter function, then select Project Code from the drop down. Please note that once you have expressed interest in the ITT it will move to your My ITTs area.

For further information on using PCS-Tender, please read the Supplier Response Guide: https://www.publictendersscotland.publiccontractsscotland.gov.uk/esop/pts-host/public/pts/supplierhelppage/PCS-TSupplierResponseGuide.pdf

If you have already registered on Public Contracts Scotland and PCS-Tender and paired your accounts you can access PCS-Tender through your Public Contracts Scotland Control Panel.

two.1.6) Information about lots

This contract is divided into lots: Yes

two.1.7) Total value of the procurement (excluding VAT)

Value excluding VAT: £8,000,000

two.2) Description

two.2.1) Title

ACUTE MOBILE HOIST ACTIVE ELECTRIC

Lot No

1

two.2.2) Additional CPV code(s)

  • 33192600 - Lifting equipment for health care sector

two.2.3) Place of performance

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

All entities constituted pursuant to the National Health Service (Scotland) Act 1978.

two.2.4) Description of the procurement

The supply of Acute Mobile Hoists Active Electric, Accessories and Spare Parts.

two.2.5) Award criteria

Quality criterion - Name: Functional Characteristics / Weighting: 50

Price - Weighting: 50

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

ACUTE MOBILE HOIST PASSIVE ELECTRIC

Lot No

2

two.2.2) Additional CPV code(s)

  • 33192600 - Lifting equipment for health care sector

two.2.3) Place of performance

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

All entities constituted pursuant to the National Health Service (Scotland) Act 1978.

two.2.4) Description of the procurement

The supply of Acute Mobile Hoists Passive Electric, Accessories and Spare Parts.

two.2.5) Award criteria

Quality criterion - Name: Functional Characteristics / Weighting: 50

Price - Weighting: 50

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

MOBILE HOIST PASSIVE ELECTRIC BARIATRIC WITH OPTION OF WEIGHING MECHANISM

Lot No

3

two.2.2) Additional CPV code(s)

  • 33192600 - Lifting equipment for health care sector

two.2.3) Place of performance

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

All entities constituted pursuant to the National Health Service (Scotland) Act 1978.

two.2.4) Description of the procurement

The supply of Mobile Hoists Passive Electric Bariatric With Option Of Weighing Mechanism, Accessories and Spare Parts.

two.2.5) Award criteria

Quality criterion - Name: Functional Characteristics / Weighting: 50

Price - Weighting: 50

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

TRANSFER AID HOIST

Lot No

4

two.2.2) Additional CPV code(s)

  • 33192600 - Lifting equipment for health care sector

two.2.3) Place of performance

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

All entities constituted pursuant to the National Health Service (Scotland) Act 1978.

two.2.4) Description of the procurement

The supply of Transfer Aid Hoists, Accessories and Spare Parts.

two.2.5) Award criteria

Quality criterion - Name: Functional Characteristics / Weighting: 50

Price - Weighting: 50

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

PATIENT SPECIFIC - CLIP SLINGS

Lot No

5

two.2.2) Additional CPV code(s)

  • 33192600 - Lifting equipment for health care sector

two.2.3) Place of performance

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

All entities constituted pursuant to the National Health Service (Scotland) Act 1978.

two.2.4) Description of the procurement

The supply of Patient Specific - Clip Slings.

two.2.5) Award criteria

Quality criterion - Name: Functional Characteristics / Weighting: 50

Price - Weighting: 50

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

PATIENT SPECIFIC - LOOP SLINGS

Lot No

7

two.2.2) Additional CPV code(s)

  • 33192600 - Lifting equipment for health care sector

two.2.3) Place of performance

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

All entities constituted pursuant to the National Health Service (Scotland) Act 1978.

two.2.4) Description of the procurement

The supply of Patient Specific - Loop Slings.

two.2.5) Award criteria

Quality criterion - Name: Functional Characteristics / Weighting: 50

Price - Weighting: 50

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

REUSABLE - LOOP SLINGS

Lot No

8

two.2.2) Additional CPV code(s)

  • 33192600 - Lifting equipment for health care sector

two.2.3) Place of performance

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

All entities constituted pursuant to the National Health Service (Scotland) Act 1978.

two.2.4) Description of the procurement

The supply of Reusable - Loop Slings.

two.2.5) Award criteria

Quality criterion - Name: Functional Characteristics / Weighting: 50

Price - Weighting: 50

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

SLIDING SHEETS - REUSABLE

Lot No

9

two.2.2) Additional CPV code(s)

  • 33192600 - Lifting equipment for health care sector

two.2.3) Place of performance

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

All entities constituted pursuant to the National Health Service (Scotland) Act 1978.

two.2.4) Description of the procurement

The supply of Sliding Sheets - Reusable.

two.2.5) Award criteria

Quality criterion - Name: Functional Characteristics / Weighting: 50

Price - Weighting: 50

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

SLIDING SHEETS - PATIENT SPECIFIC

Lot No

10

two.2.2) Additional CPV code(s)

  • 33196200 - Devices for the disabled

two.2.3) Place of performance

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

All entities constituted pursuant to the National Health Service (Scotland) Act 1978.

two.2.4) Description of the procurement

The supply of Sliding Sheets - Patient Specific.

two.2.5) Award criteria

Quality criterion - Name: Functional Characteristics / Weighting: 50

Price - Weighting: 50

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 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

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: 2021/S 000-006039


Section five. Award of contract

Lot No

1

Title

ACUTE MOBILE HOIST ACTIVE ELECTRIC

A contract/lot is awarded: Yes

five.2) Award of contract

five.2.1) Date of conclusion of the contract

21 June 2021

five.2.2) Information about tenders

Number of tenders received: 6

Number of tenders received from SMEs: 4

Number of tenders received from tenderers from other EU Member States: 0

Number of tenders received from tenderers from non-EU Member States: 0

Number of tenders received by electronic means: 6

The contract has been awarded to a group of economic operators: Yes

five.2.3) Name and address of the contractor

ETAC Limited

Chase House, City Junction Business Park,, Northern Cross

Dublin 17

D17 AK63

Telephone

+44 872755773

Country

Ireland

NUTS code
  • IE - Ireland
The contractor is an SME

Yes

five.2.3) Name and address of the contractor

Hill-Rom Ltd (Liko)

Clinitron House, Excelsior Road

Ashby De La Zouch

LE65 1JG

Telephone

+44 1530562039

Fax

+44 1530411555

Country

United Kingdom

NUTS code
  • UK - United Kingdom
The contractor is an SME

No

five.2.3) Name and address of the contractor

Arjo UK Ltd

Arjo House, Houghton Hall Business Park

Houghton Regis

LU5 5XF

Telephone

+44 1582745818

Fax

+44 1582745825

Country

United Kingdom

NUTS code
  • UKI6 - Outer London – South
The contractor is an SME

No

five.2.3) Name and address of the contractor

Joerns Healthcare Limited

Drakes Broughton Business Park, Worcester Rd

Pershore

WR10 2AG

Telephone

+44 7764346480

Country

United Kingdom

NUTS code
  • UKG12 - Worcestershire
The contractor is an SME

Yes

five.2.4) Information on value of contract/lot (excluding VAT)

Total value of the contract/lot: £8,000,000


Section five. Award of contract

Lot No

10

Title

SLIDING SHEETS - PATIENT SPECIFIC

A contract/lot is awarded: Yes

five.2) Award of contract

five.2.1) Date of conclusion of the contract

21 June 2021

five.2.2) Information about tenders

Number of tenders received: 7

Number of tenders received from SMEs: 6

Number of tenders received from tenderers from other EU Member States: 0

Number of tenders received from tenderers from non-EU Member States: 0

Number of tenders received by electronic means: 7

The contract has been awarded to a group of economic operators: Yes

five.2.3) Name and address of the contractor

GBUK

North Duffield

Selby

YO8 5DD

Telephone

+44 1757288587

Country

United Kingdom

NUTS code
  • UKE2 - North Yorkshire
The contractor is an SME

Yes

five.2.3) Name and address of the contractor

Hospital Direct (Marketing) Ltd

Units 3 & 4, The Green,, Clun, Shropshire

Craven Arms

SY7 8LG

Telephone

+44 1588640144

Country

United Kingdom

NUTS code
  • UKG2 - Shropshire and Staffordshire
The contractor is an SME

Yes

five.2.3) Name and address of the contractor

Interweave Textiles Limited

Victoria Works, Whitwell Green Lane

Elland

HX5 9BJ

Telephone

+44 8702242468

Fax

+44 8702242469

Country

United Kingdom

NUTS code
  • UKE4 - West Yorkshire
The contractor is an SME

Yes

five.2.3) Name and address of the contractor

Lisclare Limited

Unit 11 Heron Business Park, Tanhouse Lane

Widnes

WA8 0SW

Telephone

+44 1514955450

Fax

+44 1512577199

Country

United Kingdom

NUTS code
  • UKD6 - Cheshire
The contractor is an SME

Yes

five.2.3) Name and address of the contractor

MIP UK Ltd

2nd Floor, Clipper House, Billington Road,, Leighton Industrial Park

Leighton Buzzard

LU7 4AJ

Telephone

+44 1525218146

Country

United Kingdom

NUTS code
  • UKH2 - Bedfordshire and Hertfordshire
The contractor is an SME

Yes

five.2.4) Information on value of contract/lot (excluding VAT)

Total value of the contract/lot: £8,000,000


Section five. Award of contract

Lot No

2

Title

ACUTE MOBILE HOIST PASSIVE ELECTRIC

A contract/lot is awarded: Yes

five.2) Award of contract

five.2.1) Date of conclusion of the contract

21 June 2021

five.2.2) Information about tenders

Number of tenders received: 7

Number of tenders received from SMEs: 5

Number of tenders received from tenderers from other EU Member States: 0

Number of tenders received from tenderers from non-EU Member States: 0

Number of tenders received by electronic means: 7

The contract has been awarded to a group of economic operators: Yes

five.2.3) Name and address of the contractor

Arjo UK Ltd

Arjo House, Houghton Hall Business Park

Houghton Regis

LU5 5XF

Telephone

+44 1582745818

Fax

+44 01582745825

Country

United Kingdom

NUTS code
  • UKH2 - Bedfordshire and Hertfordshire
The contractor is an SME

No

five.2.3) Name and address of the contractor

ETAC Limited

Chase House, City Junction Business Park,, Northern Cross

Dublin 17

D17 AK63

Telephone

+44 872755773

Country

Ireland

NUTS code
  • IE - Ireland
The contractor is an SME

Yes

five.2.3) Name and address of the contractor

Hill-Rom Ltd (Liko)

Clinitron House, Excelsior Road

Ashby De La Zouch

LE65 1JG

Telephone

+44 1530562039

Fax

+44 1530411555

Country

United Kingdom

NUTS code
  • UK - United Kingdom
The contractor is an SME

No

five.2.3) Name and address of the contractor

Joerns Healthcare Limited

Drakes Broughton Business Park, Worcester Rd

Pershore

WR10 2AG

Telephone

+44 7764346480

Country

United Kingdom

NUTS code
  • UKG12 - Worcestershire
The contractor is an SME

Yes

five.2.3) Name and address of the contractor

Lisclare Limited

Unit 11 Heron Business Park, Tanhouse Lane

Widnes

WA8 0SW

Telephone

+44 01514955450

Fax

+44 01512577199

Country

United Kingdom

NUTS code
  • UKD6 - Cheshire
The contractor is an SME

Yes

five.2.4) Information on value of contract/lot (excluding VAT)

Total value of the contract/lot: £8,000,000


Section five. Award of contract

Lot No

3

Title

MOBILE HOIST PASSIVE ELECTRIC BARIATRIC WITH OPTION OF WEIGHING MECHANISM

A contract/lot is awarded: Yes

five.2) Award of contract

five.2.1) Date of conclusion of the contract

21 June 2021

five.2.2) Information about tenders

Number of tenders received: 6

Number of tenders received from SMEs: 4

Number of tenders received from tenderers from other EU Member States: 0

Number of tenders received from tenderers from non-EU Member States: 0

Number of tenders received by electronic means: 6

The contract has been awarded to a group of economic operators: Yes

five.2.3) Name and address of the contractor

Arjo UK Ltd

Arjo House, Houghton Hall Business Park

Houghton Regis

LU5 5XF

Telephone

+44 158745818

Fax

+44 1582745825

Country

United Kingdom

NUTS code
  • UK - United Kingdom
The contractor is an SME

No

five.2.3) Name and address of the contractor

Hill-Rom Ltd (Liko)

Clinitron House, Excelsior Road

Ashby De La Zouch

LE65 1JG

Telephone

+44 1530562039

Fax

+44 1530411555

Country

United Kingdom

NUTS code
  • UKH2 - Bedfordshire and Hertfordshire
The contractor is an SME

No

five.2.3) Name and address of the contractor

Lisclare Limited

Unit 11 Heron Business Park, Tanhouse Lane

Widnes

WA8 0SW

Telephone

+44 1514955450

Fax

+44 1512577199

Country

United Kingdom

NUTS code
  • UKD6 - Cheshire
The contractor is an SME

Yes

five.2.4) Information on value of contract/lot (excluding VAT)

Total value of the contract/lot: £8,000,000


Section five. Award of contract

Lot No

4

Title

TRANSFER AID HOIST

A contract/lot is awarded: Yes

five.2) Award of contract

five.2.1) Date of conclusion of the contract

21 June 2021

five.2.2) Information about tenders

Number of tenders received: 4

Number of tenders received from SMEs: 3

Number of tenders received from tenderers from other EU Member States: 0

Number of tenders received from tenderers from non-EU Member States: 0

Number of tenders received by electronic means: 4

The contract has been awarded to a group of economic operators: No

five.2.3) Name and address of the contractor

Arjo UK Ltd

Arjo House, Houghton Hall Business Park

Houghton Regis

LU5 5XF

Telephone

+44 1582745818

Fax

+44 1582745825

Country

United Kingdom

NUTS code
  • UKH2 - Bedfordshire and Hertfordshire
The contractor is an SME

No

five.2.4) Information on value of contract/lot (excluding VAT)

Total value of the contract/lot: £8,000,000


Section five. Award of contract

Lot No

5

Title

PATIENT SPECIFIC - CLIP SLINGS

A contract/lot is awarded: Yes

five.2) Award of contract

five.2.1) Date of conclusion of the contract

21 June 2021

five.2.2) Information about tenders

Number of tenders received: 4

Number of tenders received from SMEs: 3

Number of tenders received from tenderers from other EU Member States: 0

Number of tenders received from tenderers from non-EU Member States: 0

Number of tenders received by electronic means: 4

The contract has been awarded to a group of economic operators: Yes

five.2.3) Name and address of the contractor

Arjo UK Ltd

Arjo House, Houghton Hall Business Park

Houghton Regis

LU5 5XF

Telephone

+44 1582745818

Fax

+44 01582745825

Country

United Kingdom

NUTS code
  • UKH2 - Bedfordshire and Hertfordshire
The contractor is an SME

No

five.2.3) Name and address of the contractor

Lisclare Limited

Unit 11 Heron Business Park, Tanhouse Lane

Widnes

WA8 0SW

Telephone

+44 1514955450

Fax

+44 1512577199

Country

United Kingdom

NUTS code
  • UKD6 - Cheshire
The contractor is an SME

Yes

five.2.4) Information on value of contract/lot (excluding VAT)

Total value of the contract/lot: £8,000,000


Section five. Award of contract

Lot No

7

Title

PATIENT SPECIFIC - LOOP SLINGS

A contract/lot is awarded: Yes

five.2) Award of contract

five.2.1) Date of conclusion of the contract

21 June 2021

five.2.2) Information about tenders

Number of tenders received: 6

Number of tenders received from SMEs: 4

Number of tenders received from tenderers from other EU Member States: 0

Number of tenders received from tenderers from non-EU Member States: 0

Number of tenders received by electronic means: 6

The contract has been awarded to a group of economic operators: Yes

five.2.3) Name and address of the contractor

Arjo UK Ltd

Arjo House, Houghton Hall Business Park

Houghton Regis

LU5 5XF

Telephone

+44 1582745818

Fax

+44 1582745825

Country

United Kingdom

NUTS code
  • UKH2 - Bedfordshire and Hertfordshire
The contractor is an SME

No

five.2.3) Name and address of the contractor

Hill-Rom Ltd (Liko)

Clinitron House, Excelsior Road

Ashby De La Zouch

LE65 1JG

Telephone

+44 1530562039

Fax

+44 1530411555

Country

United Kingdom

NUTS code
  • UKH2 - Bedfordshire and Hertfordshire
The contractor is an SME

No

five.2.4) Information on value of contract/lot (excluding VAT)

Total value of the contract/lot: £8,000,000


Section five. Award of contract

Lot No

8

Title

REUSABLE - LOOP SLINGS

A contract/lot is awarded: Yes

five.2) Award of contract

five.2.1) Date of conclusion of the contract

21 June 2021

five.2.2) Information about tenders

Number of tenders received: 7

Number of tenders received from SMEs: 5

Number of tenders received from tenderers from other EU Member States: 0

Number of tenders received from tenderers from non-EU Member States: 0

Number of tenders received by electronic means: 7

The contract has been awarded to a group of economic operators: Yes

five.2.3) Name and address of the contractor

Arjo UK Ltd

Arjo House, Houghton Hall Business Park

Houghton Regis

LU5 5XF

Telephone

+44 1582745818

Fax

+44 1582745825

Country

United Kingdom

NUTS code
  • UKH2 - Bedfordshire and Hertfordshire
The contractor is an SME

No

five.2.3) Name and address of the contractor

Hill-Rom Ltd (Liko)

Clinitron House, Excelsior Road

Ashby De La Zouch

LE65 1JG

Telephone

+44 1530562039

Fax

+44 1530411555

Country

United Kingdom

NUTS code
  • UKD6 - Cheshire
The contractor is an SME

No

five.2.3) Name and address of the contractor

Mangar International

Presteigne Ind Estate

Presteigne

LD8 2UF

Telephone

+44 1544262005

Country

United Kingdom

NUTS code
  • UKL24 - Powys
The contractor is an SME

Yes

five.2.4) Information on value of contract/lot (excluding VAT)

Total value of the contract/lot: £8,000,000


Section five. Award of contract

Lot No

9

Title

SLIDING SHEETS - REUSABLE

A contract/lot is awarded: Yes

five.2) Award of contract

five.2.1) Date of conclusion of the contract

21 June 2021

five.2.2) Information about tenders

Number of tenders received: 7

Number of tenders received from SMEs: 6

Number of tenders received from tenderers from other EU Member States: 0

Number of tenders received from tenderers from non-EU Member States: 0

Number of tenders received by electronic means: 7

The contract has been awarded to a group of economic operators: Yes

five.2.3) Name and address of the contractor

GBUK

North Duffield

Selby

YO8 5DD

Telephone

+44 1757288587

Country

United Kingdom

NUTS code
  • UKE2 - North Yorkshire
The contractor is an SME

Yes

five.2.3) Name and address of the contractor

Hospital Direct (Marketing) Ltd

Units 3 & 4, The Green,, Clun, Shropshire

Craven Arms

SY7 8LG

Telephone

+44 1588640144

Country

United Kingdom

NUTS code
  • UKG2 - Shropshire and Staffordshire
The contractor is an SME

Yes

five.2.3) Name and address of the contractor

Interweave Textiles Limited

Victoria Works, Whitwell Green Lane

Elland

HX5 9BJ

Telephone

+44 8702242468

Fax

+44 8702242469

Country

United Kingdom

NUTS code
  • UKE4 - West Yorkshire
The contractor is an SME

Yes

five.2.3) Name and address of the contractor

MIP UK Ltd

2nd Floor, Clipper House, Billington Road,, Leighton Industrial Park

Leighton Buzzard

LU7 4AJ

Telephone

+44 1525218146

Country

United Kingdom

NUTS code
  • UKH2 - Bedfordshire and Hertfordshire
The contractor is an SME

Yes

five.2.4) Information on value of contract/lot (excluding VAT)

Total value of the contract/lot: £8,000,000


Section six. Complementary information

six.3) Additional information

The estimated 8,000,000 GBP value (1.6million GBP per annum) referred to in this notice is for the whole 5 year framework duration, inclusive of extension options. No guarantees can be provided that the anticipated value will be met.

(SC Ref:658063)

six.4) Procedures for review

six.4.1) Review body

Sheriff Court House

27 Chambers Street

Edinburgh

EH1 1LB

Country

United Kingdom

six.4.3) Review procedure

Precise information on deadline(s) for review procedures

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.