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Part 2 SGeneral duties and procurement strategies

General dutiesS

8General dutiesS

(1)A contracting authority must, in carrying out a regulated procurement—

(a)treat relevant economic operators equally and without discrimination,

(b)act in a transparent and proportionate manner.

(2)A contracting authority must also comply with the sustainable procurement duty.

(3)However, a contracting authority must not do anything in pursuance of subsection (2) that would conflict with its duty under subsection (1).

(4)A relevant economic operator is an economic operator who is a national of, or is established in—

(a)a member State, or

(b)Iceland, Liechtenstein or Norway.

(5)Subsection (1) does not apply in relation to an EU-regulated procurement.

Annotations:

Commencement Information

I1S. 8(1)(4)(5) in force at 18.4.2016 by S.S.I. 2016/30, art. 3 (with art. 5)

I2S. 8(2)(3) in force at 1.6.2016 by S.S.I. 2016/30, art. 4 (with art. 5)

9Sustainable procurement dutyS

(1)For the purposes of this Act, the sustainable procurement duty is the duty of a contracting authority—

(a)before carrying out a regulated procurement, to consider how in conducting the procurement process it can—

(i)improve the economic, social, and environmental wellbeing of the authority's area,

(ii)facilitate the involvement of small and medium enterprises, third sector bodies and supported businesses in the process, and

(iii)promote innovation, and

(b)in carrying out the procurement, to act with a view to securing such improvements identified as a result of paragraph (a)(i).

(2)The contracting authority must consider under subsection (1) only matters that are relevant to what is proposed to be procured and, in doing so, consider the extent to which it is proportionate in all the circumstances to take those matters into account.

(3)In this section—

(4)In this section, references to the wellbeing of the authority's area include, in particular, reducing inequality in the area.

Annotations:

Commencement Information

I3S. 9 in force at 1.6.2016 by S.S.I. 2016/30, art. 4 (with art. 5)

10Guidance on sustainable procurement dutyS

(1)The Scottish Ministers may publish guidance on the sustainable procurement duty.

(2)Contracting authorities must have regard to any guidance published under this section.

(3)The Scottish Ministers must lay a copy of any guidance published under this section before the Scottish Parliament.

Annotations:

Commencement Information

I4S. 10 in force at 11.1.2016 by S.S.I. 2015/411, art. 3

11Supported businessesS

(1)Despite section 8, a contracting authority may restrict participation in a regulated procurement (other than an EU-regulated procurement) to supported businesses only.

(2)Where a contracting authority restricts participation under subsection (1), it must state that fact in the contract notice.

(3)For the purposes of this Act, a “supported business” is an economic operator who operates a supported business, [F1or supported employment programme within the meaning of regulation 21] of the Public Contracts Regulations.

Annotations:

Amendments (Textual)

Commencement Information

I5S. 11 in force at 18.4.2016 by S.S.I. 2016/30, art. 3 (with art. 5)

12Contracts for health or social care servicesS

(1)Despite section 8, a contracting authority may award a contract for a health or social care service without seeking offers in relation to the proposed contract.

(2)In relation to a regulated procurement where, by virtue of subsection (1), a contracting authority does not seek offers, section 23(1) does not apply.

(3)The Scottish Ministers may by regulations make provision specifying what is a health or social care service for the purposes of subsection (1) and section 13(1).

Annotations:

Commencement Information

I6S. 12 in force at 18.4.2016 by S.S.I. 2016/30, art. 3 (with art. 5)

13Guidance on procurements for health or social care servicesS

(1)The Scottish Ministers must publish guidance on the carrying out of regulated procurements relating to contracts for health or social care services.

(2)Contracting authorities must have regard to any guidance published under this section.

(3)The Scottish Ministers must lay a copy of any guidance published under this section before the Scottish Parliament.

Annotations:

Commencement Information

I7S. 13 in force at 11.1.2016 by S.S.I. 2015/411, art. 3

14Other circumstances in which contract can be awarded without competitionS

(1)The Scottish Ministers may by regulations specify circumstances in which a contracting authority may, despite section 8, award a regulated contract without seeking offers in relation to the proposed contract.

(2)In relation to a regulated procurement where, by virtue of regulations made under subsection (1), a contracting authority does not seek offers, section 23(1) does not apply.

Annotations:

Commencement Information

I8S. 14 in force at 18.4.2016 by S.S.I. 2016/30, art. 3 (with art. 5)