Scottish Procurement Policy Note - Scottish Government

SPPN 5/2016
17 March 2016

Publication of Statutory Guidance under the Procurement Reform (Scotland) Act 2014

Purpose

1. This Scottish Procurement Policy Note (‘SPPN’) informs you about the publication of statutory guidance under the Procurement Reform (Scotland) Act 2014.

Key Points

2. The statutory guidance covers the following topics:

procurement strategies and annual reports;
sustainable procurement duty;
community benefit requirements;
selection of tenderers and award of contracts; and
procurement for health or social services.

It applies to procurements commencing on or after 18 April 2016 (although publication of strategies and reports and compliance with the sustainable procurement duty all apply from later dates).

Background

3. The Procurement Reform (Scotland) Act 2014 requires Scottish Ministers to issue guidance in support of the Act. The guidance that is published today not only supports the Act but also the wider application of the new procurement legislation in Scotland.

4. Development of the guidance has been informed by public consultation and continuous engagement with key stakeholders, and will support public bodies to fulfil their duties and in turn, help public procurement contribute to local and national outcomes and our purpose.

5. The statutory guidance will be supplemented by supporting best practice guidance where appropriate, on specific areas of the new legislation. Further information will be available closer to the point of publication.

6. The Scottish Government has previously published statutory guidance under the Act on addressing fair work practices, including the Living Wage, in procurement. That guidance came into force on 1 November 2015.

Action Required

7. Public bodies are asked to note the publication of this statutory guidance, and have regard to it for all regulated procurements which commence on or after 18 April 2016.

Dissemination

8. Please bring this SPPN and the statutory guidance to the attention of all relevant staff, including those in Agencies, Non-Departmental Public Bodies and other sponsored public bodies within your area of responsibility.

Contact

9. Any enquiries relating to this SPPN or the statutory guidance, should be addressed to the Scottish Procurement Mailbox.

Scottish Procurement
The Scottish Government
5 Atlantic Quay
150 Broomielaw
Glasgow
G2 8LU

See document