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Background
The Policy Team is part of the Policy & Development Division within the Scottish Procurement Directorate ( SPD), and provides specialist policy advice on a wide range of procurement issues to both internal and external (both public and private sector) stakeholders:-
Procurement Legislation
Objectives
- To implement and maintain Scottish and EU public procurement legislation
- To advise Scottish Ministers on potential future legislation ( e.g. any legislation required to support the procurement reform programme).
Results to Date
- The Public Contracts (Scotland) Regulations 2006 and the Utilities Contracts (Scotland) Regulations 2006 gave effect to European Procurement Directives and came into force on 31 January 2006.
- Additional European legislation means that some amendments to the Regulations are necessary and amending regulations will be laid before the Scottish Parliament early 2008.
Future Plans
- A new EU directive on remedies systems (the means by which aggrieved suppliers may resolve complaints) will be adopted in the second half of 2007. SPD's Policy team will be responsible for implementation of the Directive and expects to issue a public consultation document sometime in late 2007 or early 2008.
Reform Programme Secretariat
Objectives
- To provide secretariat support to the Public Procurement Reform Board, established to oversee the procurement reform programme, and the Advisory Group. The Reform Board and Advisory Group were established following the publication of John F. McClelland's report on his Review of Public Procurement in Scotland.
Results to Date
- Information regarding the Reform Board and Advisory Group, including membership, terms of reference and minutes of meetings are published on the Scottish Government's website.
Future Plans
• To continue to support the Reform Board as the key forum for decisions relating to procurement reforming Scotland, and support the Advisory Group as the key forum for supplier representatives to provide feedback on the programme.
Policy Forum
Objective
- To establish a representative forum in which policy issues can be aired and discussed and which will support the development of new procurement policy and guidance in collaboration with key stakeholders.
Results to Date
- Each of the procurement Centres of Expertise have nominated representatives for their sectors and the forum has addressed a number of issues in correspondence.
Future Plans
- The Forum will be consulted on all major policy development issues, including the Policy Handbook (see below).
Policy Handbook
Objective
- The McClelland Report recommended production of a public sector-wide Procurement Policy Handbook to promote consistency of approach across the public sector.
Results to Date
- A draft is with Policy Forum members for comment.
Future Plans
- Once the Procurement Policy Forum has agreed the draft it will be submitted to the Procurement Reform Board for endorsement.
- Development of new policy guidelines partnership with stakeholders.
Single Point of Enquiry
Background
The Review of Public Procurement in Scotland recommended a single point of enquiry for suppliers to seek advice from, and raise issues with, concerning procurement practices across the
public sector in Scotland.
The Scottish Procurement Directorate, in conjunction with other public sector partners, is currently establishing this point of contact.
Context and Role
The emphasis is on providing a service to suppliers where both guidance and information can be obtained as well as offering a channel through which issues and concerns can be reviewed. The Single Point of Enquiry service is not an alternative to existing legal rights and remedies nor will it arbitrate on decisions taken by public bodies, but is a channel through which supplier concerns can be registered on an informal basis and, where relevant, be reviewed.
The Single Point of Enquiry will interface and work with the appropriate public procurement Centres of Expertise as issues are raised.
The Single Point of Enquiry will not deal with any issues raised with it by a supplier if that supplier seeks, or intends to seek, other means of redress, such as raising an action in the Courts or making a formal complaint to the European Commission.
Objectives
The aim is to improve public procurement by assisting supplier knowledge and pursuing improved procurement practices within the public sector in Scotland where necessary as issues are identified.
Activity to Date
Consultations and discussions have been undertaken by the Scottish Procurement Directorate with the major Scottish Business Organisations, Procurement Centres of Expertise and industry sectors to assist in defining the operating scope of the service. This work is expected to conclude shortly.
Future Operation
It is planned that the Single Point of Enquiry activity will be formally launched and operating before the end of 2007.
EU/ UK Relationships
Objective
- To represent the Scottish Government and Scottish interests in relationships with the UK Government and the European Commission on all matters relating to public procurement.
Results to Date
- We have agreed a Concordat with the Office of Government Commerce (published on SPD's website) which sets out the basis on which Scottish Government and UK Government will work together on the handling of procurement policy and EU and other international issues on public procurement.
- We have agreed a Memorandum of Understanding with the Office of Government Commerce Buying Solutions, which aids co-operative working between us in the interests of value for money for Scottish and UK taxpayers.
Future Plans
- To continue to maintain close working relationships at an EU and UK level to ensure that Scottish interests are represented effectively and that Scotland maintains a high profile in relation to public procurement.
Further Information
For further information on Procurement Policy, contact
Iain Moore
Tel: 0141 242 5596
Email: Iain.Moore@scotland.gsi.gov.uk
http://www.scotland.gov.uk/Procurement
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