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Procurement Reform (Scotland) Act 2014
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37Actionable duties
This section has no associated Explanatory Notes
(1)This section applies to a regulated procurement (other than an EU-regulated procurement).
(2)A relevant person may bring proceedings against a contracting authority if—
(a)the person sought, seeks, or would have wished, to be the person to whom the regulated contract is awarded,
(b)the contracting authority is not complying or has not complied with its duties imposed under or by virtue of section 8, 23, 27, 28, 29, 30, 31, 32 or, as the case may be, section 33, and
(c)in consequence of that failure the relevant person suffers, or risks suffering, loss or damage.
(3)A relevant person is an economic operator who is a national of, or is established in—
(a)a member State, or
(b)Iceland, Liechtenstein or Norway.
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