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CHAPTER 7 - PROCUREMENT
Background
7.1 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.
7.2 The Scottish Procurement Directorate's guidance document 'Social Issues in Public Procurement', issued to the public procurement community in Scotland in July 2007 provides advice to purchasers on how and when social issues may be taken into consideration in public procurement. It clearly states that the term "social issues" includes equalities issues ( i.e. age, disability, gender, race, religion and sexual orientation).
7.3 The Scottish Government accepts that as a major procurer of goods and services it has to ensure that contractors do not compromise our duty to promote equality between women and men when carrying out services to the public on our behalf.
7.4 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 gender, disability, age, sexual orientation, race or religion.
7.5 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.
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