Given the relatively large sums of money which can be expended on works contracts below the Procurement Reform (Scotland) Act 2014, risk, value and complexity should be considered in determining whether a contract should be openly advertised or not. Contracting authorities should note that where there is a likely cross border interest in a procurement then a degree of advertising must take place. Subject to the guidance given below, procurements below the thresholds set out in the PR(S)A do not require to follow any particular procedure and may be taken to market without advertising for example using systems such as the Public Contract Scotland Quick Quote system. The Procurement Reform (Scotland) Act 2014 requires all procurements above the regulated procurement threshold to be advertised. That said, we recommend that the use of similar processes for all below 2015 Regs threshold procurements is good practice, as they provide a consistent approach and ensure open competition in keeping with the common procurement principles of equal, fair and transparent processes.ģ.1 There are a number of procedures which must be used above 2015 Regs thresholds and which we recommend should inform the basis for the design of all procedures below those levels. Procurement Reform (Scotland) Act 2014 įigure 1 – Public Contract Procurement Thresholds as at 1 January 2020 (see SPPN)Ģ.2 There are no mandated procedures below the thresholds set out in the Procurement Reform (Scotland) Act 2014 and those required by the Public Contract (Scotland) Regulations 2015 do not apply below the 2015 Regs thresholds. This guidance includes a decision matrix to assist in determining the most appropriate way to take a contract to market. The thresholds are shown in the table at Figure 1 and on the webpages at this link: Summary of Procurement Thresholds. Construction is subject to these rules exactly as for any other procurement. Facilitate the involvement of Small and Medium Enterprises ( SMEs), third sector bodies and supported business in the process, andĢ.1 The Public Contracts (Scotland) Regulations 2015 and the Procurement Reform (Scotland) Act 2014 set thresholds above which certain procedures must be followed.Improve the economic, social and environmental wellbeing of the authority’s area,. The evidence sought from bidders must be proportionate to the requirement being tendered.ġ.4 The Procurement Reform (Scotland) Act 2014 introduced a sustainable procurement duty whereby the contracting authority must consider how procurements above defined thresholds can: Authorities must act in a transparent and proportionate manner – Bidders must be informed in advance of any evaluation criteria and scoring method to be used in the procurement process.All bids must be treated equally and without discrimination - bidders must be given the same opportunity, based on the same information and criteria, and bids must be evaluated in a non-discriminatory manner. The Review of Scottish Public Sector Procurement in Construction, acknowledged the increasing expense involved in preparing procurement competitions and encouraged, where appropriate, the use of the simpler process, for example the Quick Quote process offered through the Public Contract Scotland portal and described in Chapter 6 of this handbook.ġ.3 Regardless of what process is used to procure the contract the common requirements of all public purchasing must be followed: This guidance aims to help contracting authorities select the most appropriate route for taking their contract to market. There are several different procedures available which should be chosen according to the specific requirements of the project. It applies to the award of public contracts and not to concessions or utilities contracts.ġ.2 The purpose of a tender exercise is to identify the bid that is most likely to “meet the tender requirements and which represents the best value for money for the public sector”. Chapter 3: Construction Procurement Route SelectionĪnnex A Construction Procurement Route Selection MatrixĪnnex B Decision Matrix Explanatory Notesġ.1 This guidance is designed to assist contracting authorities in selecting consistent and appropriate procedures for procuring construction and construction related services.
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