The Scottish Government

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1. How the public sector works with suppliers

Public procurement takes place within the framework of EU Directives¹ that are based on five key principles which always apply to public sector procurement, regardless of contract value:

• Equal treatment - giving everyone the same chance to win the contract irrespective of their nationality or whether you know them or not.
• Transparency - stating requirements upfront and sticking to them.
• Proportionality - setting requirements with reference to the needs of the contract in question.
• Mutual Recognition - giving equal validity to qualifications and standards from all Member States, where appropriate.
• Confidentiality - respecting the confidentiality of any information received regarding tenders and tenderers.

These are implemented in the Public Contracts (Scotland) Regulations 2006 which aim to encourage competition and prohibit the public sector showing any preference for suppliers on the basis of size or location in the tendering process.

To achieve value for money in public sector procurement it is important that access to the market is made easier for suppliers wishing to do business with the public sector.

In response to this, the Scottish Public Sector has introduced a number of measures:

• The Suppliers' Charter, ² a joint statement between public sector procurement and business organisations.
• The Public Contracts Scotland³ portal to enable suppliers to access public sector contracting opportunities in Scotland.
• A core pre-Qualification Questionnaire ( PQQ), ⁴ to ensure that, wherever possible and, consistent with the need to secure value for money, any suitably qualified businesses have the opportunity to compete for public sector business.
• Established the Single Point of Enquiry⁵ to provide suppliers with feedback on procurement processes and to help businesses become more competitive.

Measures to improve public sector procurement will continue to develop over time, and the public sector will continue to engage with suppliers from all sectors and development organisations to inform these changes.

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