Multiple supplier Framework Agreement for Insurance Advisory services

{
    "tag": [
        "compiled"
    ],
    "id": "ocds-r6ebe6-0000531137-2019-04-17T00:00:00Z",
    "date": "2019-04-17T00:00:00Z",
    "ocid": "ocds-r6ebe6-0000531137",
    "initiationType": "tender",
    "parties": [
        {
            "id": "org-15",
            "name": "Transport Scotland",
            "identifier": {
                "legalName": "Transport Scotland"
            },
            "address": {
                "streetAddress": "Buchanan House, 58 Port Dundas Road",
                "locality": "Glasgow",
                "region": "UKM82",
                "postalCode": "G4 0HF"
            },
            "contactPoint": {
                "name": "Alasdair Sim",
                "email": "Alasdair.Sim@transport.gov.scot",
                "url": "https://www.publiccontractsscotland.gov.uk/"
            },
            "roles": [
                "buyer",
                "centralPurchasingBody",
                "reviewBody"
            ],
            "details": {
                "classifications": [
                    {
                        "id": "National or federal agency/office",
                        "scheme": "TED_CA_TYPE"
                    },
                    {
                        "id": "Transport",
                        "scheme": "COFOG"
                    }
                ],
                "url": "http://www.transport.gov.scot"
            }
        },
        {
            "id": "org-121",
            "name": "Transport Scotland",
            "identifier": {
                "legalName": "Transport Scotland"
            },
            "address": {
                "streetAddress": "Buchanan House, 58 Port Dundas Road",
                "locality": "Glasgow",
                "region": "UKM82",
                "postalCode": "G4 0HF"
            },
            "contactPoint": {
                "name": "Alasdair Sim",
                "email": "Alasdair.Sim@transport.gov.scot",
                "url": "http://"
            },
            "roles": [
                "buyer",
                "centralPurchasingBody",
                "reviewBody"
            ],
            "details": {
                "classifications": [
                    {
                        "id": "National or federal agency/office",
                        "scheme": "TED_CA_TYPE"
                    },
                    {
                        "id": "Transport",
                        "scheme": "COFOG"
                    }
                ],
                "url": "http://www.transport.gov.scot"
            }
        }
    ],
    "buyer": {
        "name": "Transport Scotland",
        "id": "org-121"
    },
    "tender": {
        "id": "TS/MTRIPS/SER/2018/08",
        "title": "Multiple supplier Framework Agreement for Insurance Advisory services",
        "description": "Transport Scotland on behalf of the Scottish Ministers has an on-going requirement to appoint suitably experienced Economic Operators (\"consultants\") to provide specialist advice services relating to insurances to support the procurement, development, construction, commissioning, operational and delivery stages of trunk road projects across Scotland. The procurement of these services will help to ensure Scottish Ministers are adequately insured in accordance with relevant regulation and requirements in relation to the various project development and execution stages. It is anticipated that these services will be predominantly in relation to Scotland's trunk road network, but could extend to the railways and other parts of the transport system. Further information on Transport Scotland can be accessed through our website at: www.transport.gov.scot",
        "status": "cancelled",
        "items": [
            {
                "id": "1",
                "additionalClassifications": [
                    {
                        "id": "66510000",
                        "scheme": "CPV"
                    },
                    {
                        "id": "66514100",
                        "scheme": "CPV"
                    },
                    {
                        "id": "66000000",
                        "scheme": "CPV"
                    },
                    {
                        "id": "66513200",
                        "scheme": "CPV"
                    },
                    {
                        "id": "66517300",
                        "scheme": "CPV"
                    },
                    {
                        "id": "66519200",
                        "scheme": "CPV"
                    }
                ],
                "deliveryLocation": {
                    "description": "Scotland wide, Glasgow"
                },
                "deliveryAddresses": [
                    {
                        "region": "UKM"
                    },
                    {
                        "region": "UKM"
                    }
                ],
                "relatedLot": "1"
            }
        ],
        "value": {
            "amount": 450000,
            "currency": "GBP"
        },
        "procurementMethod": "selective",
        "procurementMethodDetails": "Restricted procedure",
        "mainProcurementCategory": "services",
        "submissionMethod": [
            "written"
        ],
        "tenderPeriod": {
            "endDate": "2018-03-23T12:00:00Z"
        },
        "documents": [
            {
                "id": "FEB310986",
                "documentType": "contractNotice",
                "title": "Multiple supplier Framework Agreement for Insurance Advisory services",
                "description": "Transport Scotland on behalf of the Scottish Ministers has an on-going requirement to appoint suitably experienced Economic Operators (\"consultants\") to provide specialist advice services relating to insurances to support the procurement, development, construction, commissioning, operational and delivery stages of trunk road projects across Scotland. The procurement of these services will help to ensure Scottish Ministers are adequately insured in accordance with relevant regulation and requirements in relation to the various project development and execution stages. It is anticipated that these services will be predominantly in relation to Scotland's trunk road network, but could extend to the railways and other parts of the transport system. Further information on Transport Scotland can be accessed through our website at: www.transport.gov.scot",
                "url": "https://www.publiccontractsscotland.gov.uk/search/show/search_view.aspx?ID=FEB310986",
                "format": "text/html"
            },
            {
                "id": "FEB310986-1",
                "title": "Economic and Financial Standing Evaluation Criteria Ratios and Scoring.",
                "url": "https://www.publiccontractsscotland.gov.uk/NoticeDownload/DownloadDocument.aspx?id=FEB310986&idx=1",
                "datePublished": "2018-02-21T11:10:24Z",
                "dateModified": "2018-02-21T11:10:24Z",
                "format": "application/vnd.openxmlformats-officedocument.wordprocessingml.document"
            },
            {
                "id": "FEB310986-2",
                "title": "ESPD (Scotland) v1.9--Restricted Procedure",
                "url": "https://www.publiccontractsscotland.gov.uk/NoticeDownload/DownloadDocument.aspx?id=FEB310986&idx=2",
                "datePublished": "2018-02-21T11:10:24Z",
                "dateModified": "2018-02-22T18:37:43Z",
                "format": "application/vnd.openxmlformats-officedocument.wordprocessingml.document"
            },
            {
                "id": "FEB310986-3",
                "title": "ESPD (Scotland) v1.9--Restricted Procedure--Updated with OJEU Reference number",
                "url": "https://www.publiccontractsscotland.gov.uk/NoticeDownload/DownloadDocument.aspx?id=FEB310986&idx=3",
                "datePublished": "2018-02-22T18:37:43Z",
                "dateModified": "2018-02-22T18:37:43Z",
                "format": "application/vnd.openxmlformats-officedocument.wordprocessingml.document"
            },
            {
                "id": "FEB310986-4",
                "title": "Response on insurance requirements, submission, ESPD completion clarifications.",
                "url": "https://www.publiccontractsscotland.gov.uk/NoticeDownload/DownloadDocument.aspx?id=FEB310986&idx=4",
                "datePublished": "2018-03-06T17:49:21Z",
                "dateModified": "2018-03-06T17:49:21Z",
                "format": "application/vnd.openxmlformats-officedocument.wordprocessingml.document"
            },
            {
                "id": "APR351953",
                "documentType": "awardNotice",
                "title": "Multiple supplier Framework Agreement for Insurance Advisory services",
                "description": "Transport Scotland on behalf of the Scottish Ministers has an on-going requirement to appoint suitably experienced Economic Operators (\"consultants\") to provide specialist advice services relating to insurances to support the procurement, development, construction, commissioning, operational and delivery stages of trunk road projects across Scotland. The procurement of these services will help to ensure Scottish Ministers are adequately insured in accordance with relevant regulation and requirements in relation to the various project development and execution stages. It is anticipated that these services will be predominantly in relation to Scotland's trunk road network, but could extend to the railways and other parts of the transport system. Further information on Transport Scotland can be accessed through our website at: www.transport.gov.scot",
                "url": "https://www.publiccontractsscotland.gov.uk/search/show/search_view.aspx?ID=APR351953",
                "format": "text/html"
            }
        ],
        "lots": [
            {
                "id": "1",
                "description": "Transport Scotland on behalf of the Scottish Ministers wish to progress a procurement competition to obtain the services of a suitably experienced organisation to provide qualified personnel to provide the following services: i. Establish the complexity and nature of scheme and services through desk top study; ii. Establish level of requirement and criteria for the provision of insurance policies for that scheme and services; iii. technically advise Transport Scotland on an ad-hoc basis regarding queries on either specific or general insurance requirements; iv. insurance advice services for insurances required for the design, construction, commissioning, maintenance and operational stages of construction projects, including advising on the insurances which are required by the Contractor/ Consultant; v. advise on the current insurance market and legislative concerns, including advice on losses and technical issues faced by similar transport projects in the UK and worldwide; vi. provide risk management services (from an insurance perspective). vii. advise in relation to alternative risk financing options to insurance (including bonding arrangements); viii. inspection of documentation relating to evidence of insurance, invoicing and policy documentation, including checking of all insurance certificates, policy documents, endorsements and cover notes including reporting and recommendations as required; ix. provision of on-going management and advice relating to project insurance programmes (PIP) (including a non-recourse project insurance). The PIP covers all interested parties for various risks including construction all risks and third party liability risks; x. provision of administrative support to Transport Scotland in the management of PIPs. This includes advice in relation to claims management processes, the provision of claims consultancy service, and the provision off support in managing loss adjustors with the skills, experience and capability to investigate, negotiate and settle claims. xi. undertake other miscellaneous/ad-hoc related activities such as: running/facilitating quality or management systems workshops, seminars etc... It is envisaged that the services can be provided remotely at the organisations offices with attendance required on an ad-hoc basis at Transport Scotland's offices. However, on occasion, the provider may be required to undertake the following duties: i. attend the offices, construction sites or other location within the UK as and when required; ii. attend meetings at Transport Scotland's main office in Buchanan House, Glasgow or site offices as and when may be required; iii. liaison with other Transport Scotland advisers/ consultants/ contractors as required. The Framework participants will be procured through a competitive tender procedure, in accordance with the restricted procedure as provided for in the Public Contracts (Scotland) Regulations 2015. The Framework Agreement will be for a period of 4 years. Contracts called off the framework will be of varying length depending on individual project requirements. This contract will not be divided into lots as this would make the service unreasonably complex to administer in that manner. To be considered for this Contract, Economic Operators are required to complete the European Single Procurement Document (ESPD) in accordance with this Contract Notice. Economic Operators shall be evaluated in accordance with the Public Contracts (Scotland) Regulations 2015, on the basis of information they have provided within the ESPD. The ESPD can be downloaded via the Public Contracts Scotland portal (www.publiccontractsscotland.gov.uk). Economic operators may be excluded from this competition if they are in any of the situations referred to in regulation 58 of the Public Contracts (Scotland) Regulations 2015.",
                "status": "cancelled",
                "value": {
                    "amount": 450000,
                    "currency": "GBP"
                },
                "hasOptions": false,
                "secondStage": {
                    "minimumCandidates": 5,
                    "maximumCandidates": 5
                },
                "submissionTerms": {
                    "variantPolicy": "notAllowed"
                },
                "contractPeriod": {
                    "durationInDays": 1440
                },
                "hasRenewal": false,
                "awardCriteria": {
                    "criteria": [
                        {
                            "type": "quality",
                            "name": "The tenderers approach to execution of the Services; management procedures, quality systems and policies, personnel. Further information will be included in the tender documents.",
                            "description": "40"
                        },
                        {
                            "type": "cost",
                            "name": "Final tenders will be assessed against evaluation criteria to determine the most economically advantageous submission. Further information will be included in the tender documents.",
                            "description": "60"
                        }
                    ]
                }
            }
        ],
        "contractTerms": {
            "performanceTerms": "It is the Employer's policy to measure the performance of each Consultant on a regular basis. In the event that the Consultant's performance falls below a satisfactory level, the Consultant will be invited to determine a means of rectifying the situation. Repeated or continual service failures shall result in suspension or termination of the contract. It is a requirement of the contract that the staff employed under the Framework Agreement shall have minimum levels of experience, education and professional qualifications. These should be provided for under ESPD, Question Ref. 4C6.1 in response to Statement (g) above."
        },
        "coveredBy": [
            "GPA"
        ],
        "otherRequirements": {
            "requiresStaffNamesAndQualifications": true
        },
        "secondStage": {
            "invitationDate": "2018-04-26T00:00:00Z"
        },
        "selectionCriteria": {
            "criteria": [
                {
                    "type": "suitability",
                    "description": "Economic Operators must be enrolled in the relevant professional or trade registers kept in the member state of its establishment (as described in Schedule 5 of the Public Contracts (Scotland) Regulations 2015) (i.e. registered under Companies House). Economic operators should provide details under Question Ref. 4A.1. Accreditation/ Registration Economic Operators must demonstrate within ESPD Question Ref. 4C.6 that they are regulated by an appropriate authority (Financial Conduct Authority) to provide the services required in this notice. Economic Operators should provide details of their certifications/ accreditations/ registrations under ESPD, Question Ref 4A.1 and Question Ref. 4C.6. Subsequently, under ESPD, Question Ref 4D.1 Economic Operators are required to confirm their compliance and be able to provide the appropriate certification. Qualifications and Experience It is a requirement that staff employed under the Contract shall have minimum levels of experience, education and professional qualifications. In particular, the Consultant shall have staff who are Chartered professionals (or equivalent) with relevant experience of providing insurance advice and the services outlined under II.2.4. This should be coupled with relevant experience of providing advice on insurances, policies and requirements on Design and Build contract types and Design Build Finance Operate contract types for trunk road/ highway construction projects. Sub-contracting Under ESPD, Question Ref 4C.10: Bidders will be required to confirm whether they intend to subcontract and, if so, for what proportion of the contract."
                },
                {
                    "type": "economic",
                    "description": "Economic Operators shall be required to satisfy minimum standards of economic and financial standing. To determine these standards, Economic Operators shall: a) in response to ESPD, Question Ref 4B.1.1 provide the specified annual turnover for the last two years of trading, or for the period which is available if trading for less than two years; b) in response to ESPD Question Ref 4B.4 provide the name, value and/or range of Nine financial criteria for the last two years of trading, or for the period which is available if trading for less than two years; and c) in response to ESPD Question Ref 4B.5.1 confirm they already have or can commit to obtain, prior to commencement of the contract the required levels of insurance. In addition to the information requested under (a) and (b), Economic Operators are required to provide a link/ copies of the associated annual accounts as filed at Companies House (or equivalent if not a UK registered company) for the last two years of trading, or for the period which is available if less than two years. This information has been requested to enable Transport Scotland to perform their own assessment and confirm the financial ratios submitted. Ultimately, ensuring the correct score is allocated, and to ensure no misinterpretation. Where there exist differences in ratios, between those provided and those calculated by Transport Scotland, clarification will be sought.",
                    "minimum": "Economic operators shall be required to satisfy minimum standards of economic and financial standing. These are described below: Evaluation Criteria Ratios (Question Ref. 4B.4) The financial information received under ESPD, Question Ref. 4B.4 shall be evaluated and scored out of 50 by allocating a score against nine individual economic and financial standing evaluation criteria, namely: 1. Acid Test Ratio 2. Cash Interest Cover Ratio 3. Return on Capital Employed 4. Operating Profit Ratio 5. Net Worth 6. Gearing 7. Annual Contract Value to Turnover 8. Filed Accounts 9. Audit Report The individual scores shall be weighted, with the most recent (\"Year 1\") financial statements weighted at 67 percent and the previous (\"Year 2\") statements being weighted at 33 percent, to form an aggregated score for each of the nine criteria over the two years. The maximum cumulative score resulting from the summation of the nine economic and financial standing aggregated scores shall be 50 marks. A submission shall be marked as a FAIL and will not be considered further if the score achieved by a Single Economic Operator or a Group of Economic Operators is less than 50 percent of the available marks. The scoring mechanism can be downloaded via the Public Contracts Scotland portal (www.publiccontractsscotland.gov.uk). Where the submission has been submitted by a Group of Economic Operators, the information submitted by each Group Member will be evaluated in the proportion of the percentage shareholdings or percentage equity/interest of each Group Member and a score determined for such Group of Economic Operators on that basis. Insurance (Question Ref. 4B.5) In response to Question Ref. 4B.5.1 Economic Operators must confirm they already have or can commit to obtain, prior to the commencement, the following levels of insurance: Employer's (Compulsory) Liability Insurance = 5 million GBP Public Liability Insurance = 5 million GBP Professional Indemnity Insurance = 10 million GBP In responding to Question Ref 4B.5.1 and 4B.5.2 of the ESPD, where the bidder ticks the box \"No, and I cannot commit to obtain it\" they shall be marked as FAIL and shall be excluded from this procurement competition."
                },
                {
                    "type": "technical",
                    "description": "ESPD: Question Ref. 4C.1.2 - Using the tables provided, Economic Operators shall be required to insert suitable responses to Statements (a) to (g) set out below, demonstrating that they have the required minimum standards of eligibility and technical and professional ability. Answers to these statements shall be provided by single economic operators and by groups of economic operators (group members should not respond individually). A \"group of economic operators\" is defined as an unincorporated consortium or joint venture. Responses to Statements (a), (b) and (g) shall be assessed on the basis of PASS or FAIL. Economic Operators who fail to satisfy these minimum standards (either they answer 'No' or fail to provide an acceptable answer) shall be excluded from the procurement competition. Statement (c) is not scored but is required to be completed. The responses to Statements (d), (e), (f) and (h) shall be assessed on the basis of a score with a minimum threshold, using the following scoring mechanism: -Nil or inadequate response. Fails to demonstrate previous experience/capacity/capability relevant to this criterion (0-2 Unacceptable); -Response is partially relevant but generally poor. The response shows some elements of relevance to the criterion but contains insufficient/limited detail or explanation to demonstrate previous relevant experience/capability/capacity (3-4 Weak); -Response is relevant and acceptable. The response demonstrates broad previous experience, knowledge and skills/capacity/capability but may lack in some aspects of similarity e.g. previous experience, knowledge or skills may not be of a similar nature (5-6 Acceptable) -Response is relevant and good. The response is sufficiently detailed to demonstrate a good amount of experience, knowledge or skills/capacity/capability relevant to providing similar services to similar clients (7-8 Good) -Response is completely relevant and excellent overall. The response is comprehensive, unambiguous and demonstrates thorough experience, knowledge or skills/capacity/capability relevant to providing similar services to similar clients (9-10 Excellent) An ESPD submission shall be marked as FAIL and will not be considered further if the score achieved for any statement is less than or equal to 2. Where a response is greater than 2 it shall be weighted in order to calculate a score out of 100 for the 3 statements. Under ESPD, Question Ref. 4C6.1 Economic Operators shall be required to insert suitable responses to Statement (g) demonstrating that their employees have the requisite experience, educational and professional qualifications to perform the Framework Agreement. Under ESPD, Question Ref.4C.7 Economic Operators shall be required to provide details of their fair work practices in response to statement (h), which may include evidence of a fair and equal pay policy which commits to paying at least the Living Wage; commitment to promoting equalities; stability of working hours; flexible working etc. Under ESPD, Question Ref. 4C.7 Economic Operators shall be required to insert suitable responses to Statements (i), (j) and (k) demonstrating that they have in place an appropriate quality, environmental and health and safety management systems. Economic Operators should specify their recognised accredited system or own non-accredited system, which shall ultimately be adopted upon conclusion of the Framework Agreement and in the event of a call-off contract. Subsequently, under ESPD Question Ref 4D.1 Economic Operators are required to confirm their compliance and be able to provide the appropriate certification. The responses to Statements (i), (j) and (k) shall each be assessed on the basis of PASS or FAIL. Economic Operators who obtain a FAIL in either of their responses shall not be considered further in this procurement competition.",
                    "minimum": "Statement (a) - Within the last 3 years, have you provided insurance advisory services in respect of a project with a construction cost of at least 100 million GBP in 2018 prices exclusive of VAT? If yes, please provide details Statement (b) - Within the last 3 years, have you provided insurance advisory services in respect of the setting up, procurement and management of a project insurance programme in respect of a project with a construction cost of at least 100 million GBP in 2017 prices exclusive of VAT? If yes, please provide details. Statement (c) - Provide information on no more than 5 \"reference projects\" which reflect similar works in terms of scope, size and/ or complexity to the services required under the Framework Agreement, predominantly carried out within the last 6 years detailing your role and the scope of the services performed. Statement (d) - value for services (weighting 30%) - From your ref. projects, provide details of approach in respect how the use of project insurances demonstrated value for money to the client and improved relationships across the supply chain. For example, in terms of improved site relationships, improved delivery focus. The response should provide evidence of the approaches to consultation and liaison, evidence of the development of mutual value and benefits achieved as a result. (max. 500 words) Statement (e) - Risk management and mitigation (weighting 30%) - From your ref. projects, provide details of approach to risk identification, management and mitigation. The response should be sufficiently detailed to demonstrate understanding of key risks for various stakeholders, specific mitigations taken and the benefits to the overall outcome (e.g. Cost and time). (max. 500 words) Statement (f) - Skills and training (weighting 20%) - Provide details of your approach to developing the skills of staff and your commitment to training and ensuring employees knowledge is up to date. The response should also detail your approach to knowledge sharing/ developing skills of clients and/or stakeholders.(max. 500 words) Statement (g) - It is a requirement of the contract that the staff employed under the Framework Agreement shall have minimum levels of experience, education and professional qualifications. Economic Operators should provide no more than 6 CVs (Maximum length 1 single sided sheet of A4 for each CV) to demonstrate staff with the requisite capability to deliver the Framework Agreement. The minimum educational and professional qualifications include: Professional staff - chartered status (or equivalent) of a relevant professional organisation; Graduate staff - Degree (or equivalent) in a relevant subject from a relevant degree-awarding body; and Technical Staff - Appropriately qualified to contribute to the provision of services. Statement (h) - Fair work and equality practices (weighting 20%)- Describe your approach to equality and fair work practices for workers (including any agency or sub-contractor workers) engaged in the delivery of this contract. (max. 500 words) Statement (i) - Quality Management System. This may be European Foundation Quality Model (EFQM) or equivalent; BS EN ISO 9001:2015 (Quality Management Systems); other accredited management system; or own non-accredited management system. Statement (j) - Health and Safety Management System. This may be BS OHSAS 18001:2007 (Occupational Health and Safety Management Systems) and associated standards; other accredited management system; or own non-accredited management system. Statement (k) - Environmental Management System. This may be BS EN ISO 14001:2015 (Environmental Management Systems); other accredited management systems; or own non-accredited management system."
                }
            ]
        },
        "submissionTerms": {
            "languages": [
                "en"
            ],
            "bidValidityPeriod": {
                "durationInDays": 90
            }
        },
        "techniques": {
            "hasFrameworkAgreement": true,
            "frameworkAgreement": {
                "maximumParticipants": 3
            }
        },
        "classification": {
            "id": "66510000",
            "scheme": "CPV"
        },
        "reviewDetails": "An Economic Operator that suffers, or risks suffering, loss or damage attributed to a breach of duty under the Public Contracts (Scotland) Regulations 2015 may bring proceedings in the Sheriff Court or the Court of Session.",
        "hasRecurrence": false,
        "legalBasis": {
            "id": "32014L0024",
            "scheme": "CELEX"
        }
    },
    "language": "EN",
    "description": "Transport Scotland will conduct the proposed procurement process for the Framework Agreement on behalf of the Scottish Ministers. In the event of the conclusion of the Framework Agreement, it is the intention that the Framework Agreement will be entered into between the Scottish Ministers and the most economically advantageous tenderers. Each selected Economic Operator shall be invited to submit a Tender on the same contract terms. The Framework Agreement will be based on an NEC4 Framework and professional services contract with bespoke amendments. These amendments may arise from three basic considerations: (i) amendments to reflect the Scottish Ministers' particular requirements and risk allocation for this agreement; (ii) amendments to reflect Scots law; and (iii) presentational changes to make the Single-Supplier Framework Agreement more user friendly. Each Economic Operator shall submit four paper copies (one marked \"ORIGINAL\" and three marked COPY 1, 2 or 3 as relevant) together with one USB Flash drive/ USB data storage device of the completed ESPD, in a sealed package to arrive by no later than 12 noon GMT on 23 March 2018 to the following addressee and address: Procurement support manager Transport Scotland Buchanan House 58 Port Dundas Road Glasgow G4 0HF United Kingdom The Scottish Ministers shall not evaluate any submissions received past the specified deadline, unless the delay is caused by a situation out with the control of the Economic Operator, the determination of which shall be at the sole discretion of the Scottish Ministers. Compliance with achieving the specified deadline is the sole responsibility of the Economic Operator. Economic Operators which alter their composition after making a submission will be the subject of re-evaluation. Any request by Economic Operators for clarification of any part of the documentation shall be made to the following email address: Alasdair.sim@transport.gov.scot. The deadline to submit questions relating to the submission via the Public Contracts Scotland portal is 12:00hrs GMT on 19 March 2018. Neither Transport Scotland nor the Scottish Ministers shall be responsible in any way to Economic Operators as a result of any delay or failure in answering any request for clarification or any decision not to answer a request for clarification (either in full or in part). Absence of a response from Transport Scotland or the Scottish Ministers shall not entitle Economic Operators to qualify their submission. The Scottish Ministers reserve the right not to conclude any Framework Agreement as a result of the procurement process initiated by this notice and to make whatever changes the Scottish Ministers deem appropriate to the content, process, timing and structure of the procurement process. Transport Scotland and the Scottish Ministers shall have no liability for any costs howsoever incurred by those participating in the competition. Economic Operators should be aware that all information submitted to the Scottish Minister may need to be disclosed and/or published by the Scottish Ministers in compliance with the Freedom of Information (Scotland) Act 2002. (SC Ref:581104)",
    "links": [
        {
            "rel": "canonical",
            "href": "https://api.publiccontractsscotland.gov.uk/v1/Notice?id=ocds-r6ebe6-0000531137"
        },
        {
            "rel": "canonical",
            "href": "https://api.publiccontractsscotland.gov.uk/v1/Notice?id=ocds-r6ebe6-0000531137"
        }
    ],
    "noticetype": "OJEU - F3 - Contract Award Notice",
    "awards": [
        {
            "id": "TS/MTRIPS/SER/2018/08",
            "status": "unsuccessful",
            "statusDetails": "discontinued",
            "relatedLots": [
                "1"
            ]
        }
    ],
    "relatedProcesses": [
        {
            "id": "1",
            "relationship": [
                "planning"
            ],
            "scheme": "EU-OJ",
            "identifier": "2018/S 036-078694"
        }
    ]
}