Estates: Eden Campus BESS (Battery Energy Storage System) Expansion

The University of St Andrews will incorporate a minimum of 10 calendar day standstill period at the point of information on the award of the contract being communicated to tenderers. This period allows unsuccessful tenderers to seek further debriefing from the contracting authority before the contract is entered into. Applicants have 2 working days from the notification of the award decision to request additional debriefing and that information has to be provided a minimum of 3 working days before the expiry of the standstill period. Such additional information should be requested from The University of St Andrews.

If an appeal regarding the award of contract has not been successfully resolved The Public Contracts (Scotland) Regulations 2012 provide for aggrieved parties who have been harmed or are at risk of harm by a breach of the rule to take action in the Sheriff Court or Court of Session.

The anticipated review body in such cases would be:

Dundee Sheriff Court

6 West Bell Street

Dundee

DD1 9AD

Telephone: +44 1382 229 961

Anyone bringing court proceedings against the University of St Andrews must inform the University of St Andrews in advance of the alleged breach and its intention to bring proceedings. Any such action must be brought within 15 days of the date on which a decision is sent to them or published to challenge that decision.

Proceedings seeking an ineffectiveness order must be brought within 30 days of the publication of the contract award notice in the OJEU, or 30 days from the date of a decision letter to all tenderers concerned, and any candidates concerned, containing a summary of the reason for the recipient being unsuccessful, otherwise 6 months from the date of entering into the contract or concluding the framework agreement.

Where a contract has not been entered into the Court may, by interim order, suspend the procurement procedure. The court may also set aside a decision or actions taken by the University or order it to amend and document; and/or award damages. However, by express requirement the court may decide not to grant an interim order when the negative consequences of such an order are likely to outweigh the benefits, having regard to a number of considerations.

If the contract has been entered into the Court may, depending on the nature of the breach: make an ineffectiveness order; impose a financial penalty; shorten the duration of the contract; make any other order considered appropriate to address the consequences of ineffectiveness or shortening the duration or the contract; award damages.