How can I submit an enquiry to the Single Point of Enquiry?
As a supplier, you should first discuss your enquiry with the procuring authority concerned or the Centre of Expertise for the relevant sector to seek resolution or clarification at that level. If you are not satisfied with the response provided by the procuring authority or Centre of Expertise you can send your enquiry to the SPoE by completing the electronic advice and enquiries form or by sending an email to SPOEprocurement@scotland.gsi.gov.uk
What can the SPoE do for me?
The SPoE operates as an 'honest broker' where your discussions with the relevant procurement authorities or sectoral Centre of Expertise have failed to resolve your concerns. Its function is three-fold:
- It can clarify and offer general advice on public procurement legislation and practice
- It will review your concerns and work in conjunction with the relevant procuring authority and Centre of Expertise towards a resolution where appropriate. If necessary it will seek to establish the need for any remedial action
- The SPoE reports regularly to Ministers, Public Procurement Reform Bodies and the sectoral Centres of Expertise. The focus of the SPoE is to seek improvements in public procurement practices
The SPoE complements the existing avenues of formal redress available to suppliers, such as bringing proceedings in the UK courts or submitting a complaint to the European Commission. The SPoE is not a point of appeal on procurement decisions nor will it seek to influence or change sourcing decisions made by a contracting authority.
Is the SPoE service confidential?
Any details supplied to the SPoE will be discussed only with the relevant procuring authorities and Centres of Expertise concerned. This is necessary in order to pursue suppliers' concerns.
However, if you do not want your identity to be revealed to the procuring authorities or Centre of Expertise concerned, the SPoE will review your enquiry on a "no names" basis. It should be recognised that this may hinder the effectiveness of such a review.
As with all other public bodies, the SPoE operates within the scope of the Freedom of Information (Scotland) Act 2002.
Are there circumstances where the SPoE will not become involved?
In general, the SPoE will be happy to receive enquiries on a wide range of procurement issues regarding all public sector and publicly funded bodies. However, it is important to note that the SPoE does not have the power to provide suppliers with formal remedies. Formal remedies can only be pursued through the Courts or the EU Commission. Therefore, if you feel that your concerns could form the basis for court proceedings or a letter of complaint to the European Commission you should seek more information on these options. In such circumstance the SPoE will not pursue an issue which a supplier has already or intends to pursue formally.
How long does the process take?
When you submit an enquiry you should receive an automated confirmation that it has been delivered and brought to our attention. The SPoE will provide an initial response within 15 working days.