Multiple supplier Framework Agreement for Claims Advice, Quantification and Cost Estimation Services

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    "tender": {
        "id": "Lot 1: TS/MTRIPS/SER/2018/09 Lot 2 : TS/MTRIPS/SER/2018/10",
        "title": "Multiple supplier Framework Agreement for Claims Advice, Quantification and Cost Estimation Services",
        "description": "Transport Scotland, an agency of Scottish Government, contracts in the name of and on behalf of the Scottish Ministers. It has identified a requirement to appoint suitably experienced and qualified Economic Operators (consultants) to provide specialist advice and services relative to its Trunk Road projects. It has been concluded that this requirement would be best met with a multi-supplier framework agreement over a 4 year period, whereby works of varied size, value and complexity can be individually called-off as required. To accommodate the various work types, the framework will be divided into 2 lots: -Lot 1 services relating to dispute/claims advice; -Lot 2 services relating to quantification and cost estimation services. The framework agreement shall be procured through a competitive tender procedure in accordance with the Restricted Procedure as detailed in the Public Contracts (Scotland) Regulations 2015 Further information on Transport Scotland is accessed at: www.transport.gov.scot",
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        "value": {
            "amount": 3000000,
            "currency": "GBP"
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            "endDate": "2018-05-04T12:00:00Z"
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        "documents": [
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                "id": "MAR314540",
                "documentType": "contractNotice",
                "title": "Multiple supplier Framework Agreement for Claims Advice, Quantification and Cost Estimation Services",
                "description": "Transport Scotland, an agency of Scottish Government, contracts in the name of and on behalf of the Scottish Ministers. It has identified a requirement to appoint suitably experienced and qualified Economic Operators (consultants) to provide specialist advice and services relative to its Trunk Road projects. It has been concluded that this requirement would be best met with a multi-supplier framework agreement over a 4 year period, whereby works of varied size, value and complexity can be individually called-off as required. To accommodate the various work types, the framework will be divided into 2 lots: -Lot 1 services relating to dispute/claims advice; -Lot 2 services relating to quantification and cost estimation services. The framework agreement shall be procured through a competitive tender procedure in accordance with the Restricted Procedure as detailed in the Public Contracts (Scotland) Regulations 2015 Further information on Transport Scotland is accessed at: www.transport.gov.scot",
                "url": "https://www.publiccontractsscotland.gov.uk/search/show/search_view.aspx?ID=MAR314540",
                "format": "text/html"
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            {
                "id": "MAR314540-1",
                "title": "Economic and Financial Standing Evaluation Criteria Ratios and Scoring",
                "url": "https://www.publiccontractsscotland.gov.uk/NoticeDownload/DownloadDocument.aspx?id=MAR314540&idx=1",
                "datePublished": "2018-03-24T11:10:15Z",
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                "id": "MAR314540-2",
                "title": "ESPD (Scotland) v1.9--Restricted Procedure--TS-MTRIPS-SER-2018-09",
                "url": "https://www.publiccontractsscotland.gov.uk/NoticeDownload/DownloadDocument.aspx?id=MAR314540&idx=2",
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                "id": "MAR314540-3",
                "title": "Clarification to a recent query.",
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                "datePublished": "2018-04-25T11:55:44Z",
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            {
                "id": "SEP394564",
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                "title": "Multiple supplier Framework Agreement for Claims Advice, Quantification and Cost Estimation Services",
                "description": "Transport Scotland, an agency of Scottish Government, contracts in the name of and on behalf of the Scottish Ministers. It has identified a requirement to appoint suitably experienced and qualified Economic Operators (consultants) to provide specialist advice and services relative to its Trunk Road projects. It has been concluded that this requirement would be best met with a multi-supplier framework agreement over a 4 year period, whereby works of varied size, value and complexity can be individually called-off as required. To accommodate the various work types, the framework will be divided into 2 lots: -Lot 1 services relating to dispute/claims advice; -Lot 2 services relating to quantification and cost estimation services. The framework agreement shall be procured through a competitive tender procedure in accordance with the Restricted Procedure as detailed in the Public Contracts (Scotland) Regulations 2015 Further information on Transport Scotland is accessed at: www.transport.gov.scot",
                "url": "https://www.publiccontractsscotland.gov.uk/search/show/search_view.aspx?ID=SEP394564",
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        "lots": [
            {
                "id": "2",
                "title": "Quantification and Cost and Estimation Services",
                "description": "Transport Scotland on behalf of the Scottish Ministers wish to progress a procurement competition to obtain services for suitably qualified and experienced quantity surveyors capable of providing estimating, quantification and other services relating to Transport Scotland's trunk road schemes. Specialist advice from quantity surveying professionals will provide greater confidence in estimating works and provide greater certainty in budget planning. It will also support improvements in value for money objectives through our Procurement and Construction Management procedures, providing additional rigor to our current processes. This service will also support the evaluation of claim substantiations and reduce risk to procurement exercises, ensuring accurate estimation for tender returns and budgeting purposes as well as providing a defendable basis on which to challenge Contractors and/ Designers. The services for Lot 2 are likely to include the following: (i) technical review cost estimates produced by third parties for Transport Scotland to establish the degree of accuracy, appropriateness and confidence to support decisions making processes; (ii) provide accurate cost estimates for the construction and/or design of transport related projects with programme values ranging up to 2.3billion GBP (this may include provision of cost estimates for specific elements/ portions of larger construction projects); (iii) provide accurate cost estimates for the maintenance activities associated with transport related projects; (iv) advise on cost of alternative design and construction issues; (v) preparation and pricing of bills of quantities or other pricing documents for inclusion within tender documentation, or for use as a benchmarking exercise; (vi) provide suitable benchmark for assessing tender returns; (vii) advise on or evaluate the cost and contractual consequences arising from an acceleration instruction; (viii) advise and provide recommendation on the Contractor's entitlement to loss and expense. 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 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. 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": "complete",
                "value": {
                    "amount": 1000000,
                    "currency": "GBP"
                },
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                "secondStage": {
                    "minimumCandidates": 5,
                    "maximumCandidates": 5
                },
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                "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"
                        }
                    ]
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            },
            {
                "id": "1",
                "title": "Dispute / claims advice services",
                "description": "Transport Scotland on behalf of the Scottish Ministers wish to progress a procurement competition to obtain the services of suitably qualified and experienced consultants, capable of providing specialist dispute and claims advice services to support dispute/ claim resolution during scheme development and/or construction stages. Transport Scotland has identified a need for dispute and claims advice to support the delivery teams of our transport related contracts. Due to the complexity and length (in some cases up to 30 years) of some contract forms procured and managed within Transport Scotland, there is a high risk to Scottish Ministers that disputes leading to claims may have long term implications, significant impact on budgets and potentially reputational threat. Services under this Lot 1 are likely to involve: - provision of advice on issues that may materialise into a claim situation; - ad hoc advice services on disputes; - assessment of validity of disputes/ claims; - recommendations on resolution options, strategies, tactics and solutions; - assessment of potential liability for claims; - technical support, advice and resource during adjudication proceedings; - provide technical support, advice and resource during legal proceedings; - preparation of reports as necessary to support the preparation for and the legal/ dispute resolution processes; - liaison with other parties (including other consultants and Legal Counsel) involved in the processes as necessary - critical assessment of claims quantification to establish appropriateness, factual basis etc. as may be appropriate; - forensic planning services (establish delay and quantum of); - review and provide recommendation relating to valuation, delay, disruption, loss and expense type claims; - expert report writing and evidence preparation services; - expert witness services. 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 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. 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": "complete",
                "value": {
                    "amount": 2000000,
                    "currency": "GBP"
                },
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                "secondStage": {
                    "minimumCandidates": 5,
                    "maximumCandidates": 5
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                "contractPeriod": {
                    "durationInDays": 1440
                },
                "hasRenewal": false,
                "awardCriteria": {
                    "criteria": [
                        {
                            "type": "quality",
                            "name": "Approach to execution of the Services; management of complex claims, risk management systems and policies, technical processes, staff / resources. Further information included in the tender documents.",
                            "description": "70"
                        },
                        {
                            "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": "30"
                        }
                    ]
                }
            }
        ],
        "lotDetails": {
            "maximumLotsBidPerSupplier": 2
        },
        "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": "2018-05-21T00:00:00Z"
        },
        "selectionCriteria": {
            "criteria": [
                {
                    "type": "suitability",
                    "description": "III.1.1 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 have an appropriate registration to provide dispute and claims and/or quantity surveying advice by an appropriate authority, this should be with the Royal Institute of Chartered Surveyors (RICS). 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 professional staff who are Chartered professionals (or equivalent) with membership of an appropriate body (RICS, ICE, IHT) and relevant experience to the appropriate Lot. For Lot 1, chartered professionals should have relevant extensive experience of claim/dispute resolution on highway construction projects and also experience of complex contracts including 'design and build' and 'design, build, finance, operate'. For Lot 2, the consultant shall have staff who are chartered professionals (or equivalent) with MRICS with relevant experience of highway construction projects. The minimum educational and professional qualifications include: Professional staff--chartered status (or equivalent) of a relevant professional organisation with experience of providing similar services to the competition; Graduate staff--Degree (or equivalent) in a relevant subject from a relevant degree-awarding body with relevant experience of providing similar services to the relevant lot; and Technical Staff--Appropriately qualified to contribute to the provision of services. 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": "Economic Operators shall submit a separate ESPD submission for each lot. Statements (1a) and (1b) apply to Lot 1 participants only. Statements (2a) and (2b) apply to Lot 2 participants only. Economic Operators shall use the tables provided in Question ref. 4C.1.2 to answer the relevant statements a and b. ESPD: Question Ref. 4C.1.2 - Using the tables provided, Economic Operators shall be required to insert suitable responses to Statements (c) to (h) 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 (1a), (1b), (2a) and (2b) 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 4. Where a response is greater than 4 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. 4C.1.2 should be used for CVs. 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 any of their responses shall not be considered further in this procurement competition.",
                    "minimum": "Lot 1 participants Statement (1a) - Within the last 5 years, have you provided specialist dispute/ claims advice and services in respect of a project with a construction cost of at least 150 million GBP in 2018 prices exclusive of VAT? If yes, please provide details Statement (1b) - Within the last 5 years, have you provided specialist dispute/ claims advice, including establishment of delay and quantum in respect of a project with a NPD/DBFO/PPP contract with a construction cost of at least 100 million GBP in 2018 prices exclusive of VAT? If yes, please provide details Lot 2 participants Statement (2a) - Within the last 5 years, have you provided quantity surveying services in respect of a highways construction project with a construction cost of at least 150 million GBP in 2018 prices exclusive of VAT? If yes, please provide details Statement (2b) - Within the last 5 years, have you technically reviewed project estimates for the design/construction including maintenance of highways for a project with a construction cost of at least 100 million GBP in 2018 prices exclusive of VAT? If yes, please provide details. All Participants Statement (c) - Provide information on up to 5 \"reference projects\" reflecting similar services in terms of scope, size and/ or complexity to the services required under the Framework Agreement, carried out within the last 5 years, detail your role and the scope of the services performed. Statement (d) - approach to risk management and mitigation (weighting 30%; max.1000 words) - From your ref. projects, provide details of your approach to risk identification, management and mitigation. Responses should demonstrate understanding of key risks of various stakeholders, specific mitigations taken and the benefits to the overall outcome (e.g. Cost and time). Statement (e) - Management and approach strategy (weighting 30%, max. 1000 words) - From your ref. projects, provide details of approach to management and strategy. Responses should detail management arrangement and key strategy focus including what the benefits and outcomes were to the project in terms of time and/or cost. Statement (f) - Communications, information sharing and engagement (weighting 25%, max. 1000 words) - Provide details of your approach to communications, information sharing and engagement, using your reference projects. Responses should outline communications processes, information sharing methods and technology and how this assisted engagement and provided value for money. This should also outline the outcomes achieved and benefits to the project. 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 (Max. length 1 single side A4 for each CV) demonstrating staff with the requisite capability to deliver the Framework Agreement as detailed in III.1.1. Statement (h) - Fair work and equality practices (Weighting 15%; Max 1000 words)- Provide details of a commitment to fair working practices. Responses should provide: evidence of a fair and equal pay; commitment to promoting equalities; and details of employee training initiatives (i.e. skill development, apprenticeships) etc. 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."
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            "languages": [
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            "frameworkAgreement": {
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            "id": "71311210",
            "scheme": "CPV"
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        "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"
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