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- These Directives are given effect in Scots Law by The Public Contracts (Scotland) Regulations 2012 2015 and the Utilities Contracts (Scotland) Regulations 20122016
(i) Open Competition and Advertising
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b) Where the aggregated annual (or term of the contract, including options to extend) requirement for similar types of goods or services is likely to exceed the current (January 20122016) EU Threshold of £113£106,057047.00 (excluding VAT) then the Procurement Department must be advised at the earliest possible opportunity in order that RoS is fully compliant with The Public Contracts (Scotland) Regulations 2012 2015 and the Utilities Contracts (Scotland) Regulations 20122016
c) The minimum number of tenders required (normally 3) must be related to the approximate value (ex VAT) of the proposed order or contract. When pre-defined threshold values are reached then EU legislation will regulate all aspects of the tendering process. RoS has set the financial limits above which the following actions contained in Overview of Procurement Procedures must be followed.
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Regulation 47 of the Public Contracts (Scotland) Regulations 2012 2015 and Regulation 44 of the Utilities Contracts (Scotland) Regulations 2012 2016 allows suppliers to bring proceedings in the Sheriff Court or Court of Session against contracting authorities which have infringed their obligations to comply with the Regulations, or any other enforceable European Community law provision which may be relevant to awarding a public contract.
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