The Act
3.In broad terms, the Act introduces a degree of regulation for procurements concerning the tranche of contracts above certain financial thresholds specified in the Act and below the financial thresholds contained in the Public Contracts (Scotland) Regulations 2012 (S.S.I. 2012/88)(1). It also makes provision in relation to a wider range of procurements, most notably introducing a sustainable procurement duty and creating obligations concerning advertising, community benefits and procurement strategies.
4.The Act will establish a national legislative framework for sustainable public procurement. It places a small number of general duties on contracting authorities regarding their procurement activities and some specific measures aimed at promoting good, transparent and consistent practice in procurement. The Act also places some administrative requirements on larger spending contracting authorities to publish procurement strategies and annual reports, which will aid visibility of the purchasing activities of these bodies and how they will meet their procurement obligations.
5.The Act is in five Parts and these are described below:
Part 1: Key concepts and application of the Act: This Part (and the corresponding schedule) determines the contracting authorities who are covered by the obligations under the Act and the procurements to which the provisions of the Act apply.
Part 2: General duties and procurement strategies: This Part imposes general duties of equal treatment, non-discrimination, transparency and proportionality. Provision is also made for a sustainable procurement duty imposed upon contracting authorities. This Part also makes provision for the preparation and publication of procurement strategies and annual reports by certain contracting authorities.
Part 3: Specific duties: This Part imposes a range of specific duties including duties relating to advertising of contract opportunities and consideration of community benefit requirements. These duties also include measures concerning the conduct of the procurement processes.
Part 4: Remedies: This Part makes provision for remedies available to certain economic operators in relation to breach by a contracting authority of its procurement obligations.
Part 5: General provisions: This Part contains general interpretative and other miscellaneous provisions.