« Previous | Contents | Next »
Listen
CHAPTER 6 - PROCUREMENT
Background
6.1 The procurement activities of public bodies are highly regulated ( EU Treaty, specific EU Directives on procurement and jurisprudence from the European Court of Justice and the national courts) which means that such bodies are obliged to ensure that they act in a transparent and proportionate manner ensuring equal treatment and non discrimination in all their activities. In essence, this means that good procurement practice is fundamentally about treating potential suppliers equally and awarding contracts on the basis of merit following fair and open competition wherever possible. In this respect, good procurement practice is therefore consistent with equality policies.
6.2 We have produced a guidance document for the public procurement community in Scotland highlighting the extent to which social issues including disability equality can be incorporated into procurement processes.
6.3 The Scottish Government accepts that as a major procurer of goods and services it has to ensure that those who are contracted by us do not compromise our duty to promote disability equality when carrying out services to the public on our behalf.
6.4 The Government has amended its standard set of terms and conditions to include a clause stating that contractors shall not unlawfully discriminate with regard to disability, age, gender, sexual orientation, race or religion.
6.5 We require potential contractors for significant contracts to disclose any adverse judgements/rulings and have published guidance for suppliers on our procurement website that warns that failure to comply with legislation may result in them being excluded from bidding.
6.6 We are currently looking - in conjunction with industry representative bodies - at the scope which exists to enable public purchasers to restrict participation in a competitive tendering exercise to companies which meet the definition of a "supported business" (a supported business is a business where more than 50% of the workers are disabled persons who by reason of the nature or severity of their disability are unable to take up work in the open labour market)
Procurement Action Plan
Policy | Action | By whom | By when | Outcome |
|---|
Procurement | We are working with industry representative bodies, seeking to maximise the opportunities that may exist to restrict participation in a competitive tendering exercise to companies which meet the definition of a "supported business" (a supported business is a business where more than 50% of the workers are disabled persons who by reason of the nature or severity of their disability are unable to take up work in the open labour market) | Scottish Procurement Directorate | March 2008 and ongoing | Supported businesses being awarded public contracts through competitive tendering processes which are consistent with EU procurement legislation. |
« Previous | Contents | Next »