Introduction
The Act
Commentary on Sections
Part 1: Key Concepts and Application
Contracting authorities
Section 1 – Contracting authorities
Regulated procurements
Section 2 – Regulated procurements
Regulated contracts
Section 3 – Regulated contracts
Section 4 – Excluded contracts
Section 5 – Estimated value of contract
Framework agreements and dynamic purchasing systems
Section 6 – Framework agreements and call-off contracts
Section 7 – Dynamic purchasing systems
Part 2: General Duties and Procurement Strategies
General duties
Section 8 – General duties
Section 9 – Sustainable procurement duty
Section 10 – Guidance on sustainable procurement duty
Section 11 – Supported businesses
Section 12 – Contracts for health or social care services
Section 13 – Guidance on procurements for health or social care services
Section 14 – Other circumstances in which contract can be awarded without competition
Procurement strategy and annual report
Section 15 – Procurement strategy
Section 16 – Joint strategies
Section 17 – Compliance with strategy
Section 18 – Annual procurement reports
Section 19 – Publication
Section 20 – Guidance
Section 21 – Annual report on procurement activity in Scotland
Part 3: Specific Duties
Publication of notices on Public Contracts website
Section 22 – Public Contracts website
Section 23 – Publication of contract notices and award notices
Community benefit requirements
Section 24 – Community benefit requirements
Section 25 – Community benefit requirements in major contracts
Section 26 – Guidance on community benefit requirements
Selection of tenderers and award of contracts
Section 27 – Exclusion of economic operators on grounds of criminal activity
Section 28 – Selection of tenderers
Section 29 – Guidance on selection of tenderers and award of contracts
Technical specifications
Section 30 – Technical specifications
Charges for participation in procurement process
Section 31 – Charges for participation in procurement process
Giving of reasons
Section 32 – Giving of reasons to unsuccessful participants
Section 33 – Request for further information
Section 34 – Withholding information
Contracts register
Section 35 – Contracts register
Procurement of recycled and recyclable products
Section 36 – Amendment of Climate Change (Scotland) Act 2009
Part 4: Remedies
Section 37 – Actionable duties
Section 38 – Procedure and time limits
Section 39 – Determination by the court
Section 40 – Transfer of forum to First-tier Tribunal
Part 5: General
Interpretation
Section 41 – The Directive, Public Contracts Regulations and EU-regulated procurements
Section 42 – General interpretation
Final provisions
Section 43 – Ancillary provision
Section 44 – Subordinate legislation
Section 45 – Commencement
Section 46 – Short title
Parliamentary History
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