Procurement Reform (Scotland) Act 2014

Procurement Reform (Scotland) Act 2014

2014 asp 12

Commentary on Sections

Part 3: Specific Duties

Selection of tenderers and award of contracts

Section 29 – Guidance on selection of tenderers and award of contracts

59. Section 29(1) provides the Scottish Ministers with the power to publish guidance for contracting authorities on the selection of economic operators and the award of contracts in relation to a regulated procurement.

60. By virtue of section 29(2), the guidance may cover, in particular, the use of questionnaires and matters relating to the recruitment, remuneration (including payment of a living wage) and other terms of engagement of those persons who will be involved in producing, providing or constructing the subject matter of the regulated procurement, and employee representation including trade union recognition.

61. Section 29(3) requires a contracting authority to have regard to this guidance when assessing the suitability of tenderers.

62. Section 29(4) obliges the Scottish Ministers to lay a copy of the guidance before the Scottish Parliament.

63. Section 29(5) provides a definition for the reference to “living wage” in subsection (2)(b), so that it has the same meaning as in section 15(5)(b)(iii), being remuneration which is sufficient to ensure an acceptable standard of living.