Scottish Government

Scottish Procurement Directorate - Joint Improvement Team
ISBN 978 0 7559 9211 9 (Web only publication)
This document is also available in pdf format (1004k)

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Contents

Executive Summary

1. Introduction

2. Social Care Procurement Scotland -- Guiding Principles

3. Policy Context
3.1 Social Care Policy
3.2 National Policy
3.3 Financial Context
3.4 Legislative Context

4. Legislation
4.1 Introduction
4.2 Human Rights legislation
4.3 Social Work Legislation
4.4 Legal framework for public procurement
Principles deriving from the Treaty on the Functioning of the European Union, European Procurement Directives, case law
Public Contracts (Scotland) Regulations 2006 and social care
Part A and Part B services - Summary of requirements
Application of the Treaty principles on a case by case basis
Advertising and competition - form of publicity and competition
Advertising and competition - moving to competition
Advertising and competition - circumstances where not required
Re-tendering
Moving to contract -- advertising and tendering not required
Challenge to procurement decisions
4.5 Best Value
4.6 Other Relevant Legislation
The Transfer of Undertakings (Protection of Employment) ( TUPE) Regulations 2006
Freedom of Information (Scotland) Act 2002

5. Local Policy, Strategy and Approach
Introduction
Local Commissioning Strategies
Local Social Care Procurement Policy
Local Standing Orders and Financial Regulations
Involvement of Service Users
Formal Representations and Complaints
The Role of the Care Commission
Accessibility of Information and Terminology
Self-Directed Support
Partnership working - Local Authorities and Service Providers
Collaborative Procurement

6. Social Care Procurement - Process

7. Stage 1: Preparation
7.1 Introduction
7.2 Governance and Management
7.3 Project Management
7.4 Knowledge and Skills Training
7.5 Involvement of Key Stakeholders

8. Stage 2: Analyse
8.1 Introduction
8.2 Establishing needs and outcomes
8.3 Current supply arrangements and performance evaluation
8.4 Market analysis
8.5 Option appraisal

9. Stage 3: Plan
9.1 Introduction
9.2 Commissioning Strategy, Procurement Policy, Procurement Plan
9.3 Funding
9.4 Resourcing Procurement Work
9.5 Service User and Carer Involvement
9.6 Service Provider Involvement
9.7 Service Specifications
9.9 Selection and Award Criteria
9.10 Use of e-auctions as part of the tender evaluation process
9.11 Procurement Route
9.12 Contracts
9.13 Transitional Arrangements
9.14 Contract Monitoring and Review

10. Stage 4: Securing Services
10.1 Introduction
10.2 Communication with service users and carers
10.3 Advertising the contract
10.4 Provider engagement
10.5 Tender process
10.6 TUPE
10.7 Transitional arrangements

11. Stage 5: Review
11.1 Introduction
11.2 Roles and Responsibilities
11.3 Relationship Management
11.4 Stages and Methodology
Stage 1 - Preparation and Scoping
Stage 2 - Contract Monitoring, Financial Audit, Service Review and Reporting
Stage 3 - Implementation
11.5 Service provider forums
11.6 Link with Commissioning Strategies

Appendices

Appendix 1. Reference Group Members
Appendix 2. Social Care Policy
Appendix 3. National Policy
Appendix 4. Social Work Legislation
Appendix 5. European Convention on Human Rights [ ECHR]
Appendix 6. Involvement of Service Users and Carers
Appendix 7. SPD - Procurement Capability Assessment 2009
Appendix 8. Template for Mapping the Market
Appendix 9. Outcome-based specifications and care standards
Appendix 10. Contract Framework
Appendix 11. Challenge to procurement decisions

Other alternative versions

Consultation on Draft Social Care Procurement Scotland Guidance: Summary Paper: Service User and Carer Involvement

Having Your Say: Consultation on Social Care Procurement Guidance

Having Your Say: Social Care Procurement Guidance Consultation: Presentation