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Part 3Specific duties

Selection of tenderers and award of contracts

29Guidance on selection of tenderers and award of contracts

(1)The Scottish Ministers may publish guidance about the selection of economic operators and the award of contracts in relation to a regulated procurement.

(2)The guidance may, in particular, cover—

(a)the use of questionnaires in the assessment of the suitability of economic operators,

(b)the matters relating to—

(i)the recruitment, remuneration (including payment of a living wage) and other terms of engagement of persons involved in producing, providing or constructing the subject matter of the regulated procurement, and

(ii)employee representation including trade union recognition,

that are to be taken into account in assessing the suitability of an economic operator.

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

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

(5)In subsection (2)(b), “living wage” has the same meaning as in section 15(5)(b)(iii).