SCOTTISH PROCUREMENT

Procurement Reform (Scotland) BillCore Presentation

Event NameDate

Presenter Name

Background• Scottish Government Purpose• Government’s Economic Strategy• Public Procurement Reform Programme• 2011 Manifesto commitmentEngaging Stakeholders

• Maximising Public Procurement Reform Board

• Discussion paper re key themes to generate debate, ideas and suggestions

• Informal consultation with key stakeholder by attending a number of valuable informal consultation events

• Public Procurement Reform Board & Procurement Reform Delivery Group

• Public Procurement Advisory Group & Supplier Engagement Working Group

• Sounding Board & Steering Group

• Centres of Expertise

• Procurement Policy Forum

• Whitehall

• Scottish Government colleagues

• Other Stakeholders

Procurement Reform (Scotland) Bill

Structure

The Journey…

The Journey cont.…

PART I – Public Procurement processes are transparent streamlined, proportionate, standardised and business-friendly

PART II – Making it easier for business, particularly newer business, SMEs and the third sector, to access public contract opportunities and sub-contracting requirements.

PART III – Smarter use of Public Procurement to encourage innovation and growth

PART IV – Taking account of social and environmental sustainability issues through public procurement

PART V – Dealing with inappropriate conduct and poor performing suppliers

PART VI – Application and compliance

AIM “To establish a national legislative framework for sustainable public procurement that supports Scotland's economic growth by delivering social and environmental benefits including community benefits, supporting innovation and promoting public procurement processes and systems which

are transparent, streamlined, standardised, proportionate, fair and business-friendly.”

251Responses

IndependentAnalysis

Published10 Dec ‘12

(where permission)

Published Consultation Analysis

Report 25 Jan ‘13

Procurement Reform (Scotland) Bill

The Journey cont.…

Procurement Reform (Scotland) Bill

Continued stakeholder engagement

Monitoring the review of EU Procurement Law

Published Evidence Review

Developed the draft Bill and accompanying documents

Introduced to Parliament 3rd Oct 2013

http://www.scottish.parliament.uk/parliamentarybusiness/Bills/68170.aspx

Content of the Bill – as introduced to Parliament

Procurement Reform (Scotland) Bill

THRESHOLDS

Duties Proposed Measures

1. Treat relevant economic operators equally and without discrimination and act in a transparent and proportionate manner

2. Comply with the sustainable procurement duty

1. Publish Procurement strategy (inc. prompt payment) and report against the strategy annually

2. Publish Contracts Register

3. Consider Community Benefits – for all major contracts

4. Supported Business access to reserved contracts at lower value

5. Regulations about the use of technical specs

6. Prohibit charging for participation in procurement process

7. Use a standard and proportionate pre qualification questionnaire

8. Publish advert and award notices

9. Exclusion of bidders

10. Climate Change (Scotland) Act 2009 – amendment re recycled and recyclable products

11. Debriefing of unsuccessful bidders

REMEDIES

Where we are now

• The Bill now sits with Parliament• Infrastructure and Capital

Investment Committee are the Lead Committee

• Stage 1 Oct 2013 – Feb 2014• Process of scrutiny hearing

from key stakeholders• 61 written submissions through

call for evidence• Work with 3 other Committees• Bill Team are supporting the Bill

though the Parliamentary process

Procurement Reform (Scotland) Bill

Common themes•Need for behaviour and cultural change;•Importance of guidance material and training;•Importance of monitoring, reporting and evaluation;•Accessibility to contract opportunities and support for SMEs and the Third Sector;•Application and scope of the Bill•Remedies regime •Procurement’s influence on workforce matters •Differentiate between buying ‘things’ and buying ‘services’;•Role of procurement in addressing social and environmental issues;•Need to strike a balance

Our next steps

•Support the proposed Bill though the Parliamentary process (Stages 1, 2, & 3)

•Implement the Legislation when agreed / support policy areas in maximising the Bill

•Meanwhile, other strands of work are being taken forward through the public procurement reform programme to improve the way the procurement system operates in Scotland

Procurement Reform (Scotland) Bill

Thank You – For more information…

Parliament link – http://www.scottish.parliament.uk/parliamentarybusiness/Bills/68170.aspx

Scottish Government Procurement Reform (Scotland) Bill Web PagesHomepage http://www.scotland.gov.uk/Topics/Government/Procurement/policy/ProcurementReformStakeholder Engagement http://www.scotland.gov.uk/Topics/Government/Procurement/policy/ProcurementReform/Stakeholderengagement

Contacts

Bill Watt (Bill Team Leader) 0131 244 3725 / 07825 175 233

Barbara Templeton (Bill Team Administrator) 0131 244 3953 / 07500 066 728

e-mail: procurementbillteam@scotland.gsi.gov.uk

Procurement Reform (Scotland) Bill