Section one: Contracting authority
one.1) Name and addresses
Scottish Courts and Tribunals Service
Saughton House, Broomhouse Drive
Edinburgh
EH11 3XD
Telephone
+44 1314443300
Country
United Kingdom
NUTS code
UKM - Scotland
Internet address(es)
Main address
http://www.scotcourtstribunals.gov.uk
Buyer's address
https://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA00396
one.4) Type of the contracting authority
National or federal Agency/Office
one.5) Main activity
Other activity
Justice
Section two: Object
two.1) Scope of the procurement
two.1.1) Title
Provision of Library Subscriptions
Reference number
SCTS-2021-146
two.1.2) Main CPV code
- 22113000 - Library books
two.1.3) Type of contract
Supplies
two.1.4) Short description
Subscriptions to loose-leafs and journals published by Thomson Reuters for all 39 Sheriff Courts Libraries.
two.1.6) Information about lots
This contract is divided into lots: No
two.1.7) Total value of the procurement (excluding VAT)
Value excluding VAT: £3,678,974.13
two.2) Description
two.2.3) Place of performance
NUTS codes
- UKM - Scotland
two.2.4) Description of the procurement
Thomson Reuters is a monopoly in the legal publications market and therefore, Thomson Reuters were negotiated with directly to establish a Contract for the provision of library subscriptions.
two.2.5) Award criteria
Price
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
Award of a contract without prior publication of a call for competition in the cases listed below
- The services can be provided only by a particular economic operator for the following reason:
- protection of exclusive rights, including intellectual property rights
Explanation:
Thomson Reuters is the major suppliers of legal publications used by SCTS. They are publishers of the material we purchase, and having a de-facto monopoly, they are the only one that can provide the material. An attempt had been made by procurement to see if intermediaries were able to provide better agreements but being the material published by Thomson Reuters, they are the only one able to provide a better deal.
four.1.8) Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: Yes
Section five. Award of contract
Contract No
SCTS-2021-146
A contract/lot is awarded: Yes
five.2) Award of contract
five.2.1) Date of conclusion of the contract
6 September 2022
five.2.2) Information about tenders
Number of tenders received: 1
Number of tenders received from SMEs: 0
Number of tenders received from tenderers from other EU Member States: 0
Number of tenders received from tenderers from non-EU Member States: 1
Number of tenders received by electronic means: 1
The contract has been awarded to a group of economic operators: No
five.2.3) Name and address of the contractor
Thomson Reuters
Johnson Bldg , 77 Hatton Garden,
London
EC1N 8JS
Country
United Kingdom
NUTS code
- UK - United Kingdom
The contractor is an SME
No
five.2.4) Information on value of contract/lot (excluding VAT)
Total value of the contract/lot: £3,678,974.13
Section six. Complementary information
six.3) Additional information
(SC Ref:707915)
six.4) Procedures for review
six.4.1) Review body
Edinburgh Sheriff Court
27 Chambers Street
Edinburgh
EH1 1 LB
Telephone
+44 1312252525
Country
United Kingdom
Internet address
six.4.3) Review procedure
Precise information on deadline(s) for review procedures
General
Reference should be made to Part 3 "Remedies" (Regs 84 – 5) of the Public Contracts (Scotland) Regulations 2015 and independent legal advice should be sought urgently before any claim is commenced.
A claimed breach of the public procurement rules is actionable by any economic operator in legal proceedings brought in the Sheriff Court or the Court of Session in Scotland.
Prior Notice of Proceedings
Proceedings under this regulation may not be brought unless the economic operator has first informed the contracting authority of —
(a) the nature of the claimed breach or apprehended breach of the public procurement rules; and
(b) its intention to bring proceedings in respect of that claimed breach.
Time Limits for Bringing Proceeding
Proceedings must be brought within 30 days beginning with the date when the economic operator first knew or ought to have known that grounds for starting the proceedings had arisen unless the court considers that there is a good reason for extending the period within which proceedings may be brought, in which case the court may extend that period for up to a maximum of 3 months from that date