University of St Andrews - Design, Installation and Demonstration of Hydrogen Train

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.