Single Procurement Document (SPD) Wording Updates - 25 March 2021
Question 3D.15 Misrepresentation (an exclusion question in the SPD (Scotland) ) has been updated - the text changes are shown at the end of this message.
Since the ESPD was launched in April 2016, there have been several instances where the wording of this particular question has led to confusion as to how it should be answered by bidders. The confusion arises mainly because all of the other questions in the Exclusion Criteria section required a bidder to provide a negative, “no”, answer in order to indicate compliance, whereas the Misrepresentation question required a positive, “yes”, answer.
Following consultation with both buyer and supplier representative bodies the text of this question is being simplified so that it also requires a “no” answer in order to indicate compliance, which will bring into alignment with all of the other Exclusion Criteria questions in the SPD.
From 25 March any new SPD requests you create from one of the centrally-controlled versions above will automatically contain the updated version of the question. Any locally stored versions of the SPD you may have should not be used after this date.
If you’ve issued an SPD request before this date, but the return date isn’t until afterwards, don’t worry, the SPD you’ve issued is still perfectly valid with the old version of the question. However, it may be prudent to seek clarification from any bidders that appear to have answered this question incorrectly, before making any decisions to exclude them a competition.
Additional minor wording amendments to simplify the questions are being made. These will not fundamentally alter the meaning of these questions, and no action is required from buyers or suppliers. The questions affected are 2A.16, 2A 16.5 and 3D.11. You can view these changes on the SPD Update area on PCS from 25 March.
Both the Public Contracts Scotland SPD (module) and PCS-T have been updated with these changes.
Can the bidder confirm that:
1) It has not been guilty of serious misrepresentation in supplying the information required for the verification of the absence of grounds for exclusion or the fulfilment of the selection criteria
2) It has not withheld such information
3) It has been able, without delay, to submit the supporting documents required by an organisation or contracting entity, and
4) It has not undertaken to unduly influence the decision making process of the organisation or contracting entity, to obtain confidential information that may confer upon it undue advantages in the procurement procedure or to negligently provide misleading information that may have a material influence on decisions concerning exclusion, selection or award?
Has the bidder:
a) Been guilty of serious misrepresentation in supplying the information required for the verification of the absence of grounds for exclusion or the fulfilment of the selection criteria,
b) Withheld such information,
c) Been unable, without delay, to submit the supporting documents required by an organisation or contracting entity,
d) Undertaken to unduly influence the decision making process of the organisation or contracting entity, to obtain confidential information that may confer upon it undue advantages in the procurement procedure or to negligently provide misleading information that may have a material influence on decisions concerning exclusion, selection or award?
Annual Report on Procurement Activity in Scotland 2018-19 Published - 22 March 2021
The Annual Report focuses on the procurement activity of more than 100 public sector bodies in Scotland and includes information on areas such as procurement spend by category and SME spend.
This video provides some more information.
Fair Work practices, including the real Living Wage in procurement
Please note: the content of this page is currently undergoing a review. For further information on Fair Work First in Scottish Public Procurements, including an updated Fair Work First question, please see SPPN 03/2021 or email email@example.com. Please refer to the example Fair Work First question in SPPN 03/2021, which updates and replaces the example Fair Work question that currently sits in the Statutory Guidance and Toolkit.
Annual Procurement Report
In addition to the mandatory procurement strategy, to meet regulatory requirements the organisation must now also prepare and publish an annual procurement report disclosing how its procurement activity has complied with its published procurement strategy.
The Procurement Reform (Scotland) 2014 Act lists the minimum requirements that the annual procurement report must contain. The Annual Procurement Report Guidance and Template below provides further guidance on the information an organisation needs to include in its annual procurement report to meet its legal reporting obligations, as well as providing information on other content that an organisation may choose to include.
The procurement strategy/revised procurement strategy and annual procurement report should be published in a way that the organisation considers appropriate, but must include publication on the internet.
SPPN 7/2020 provides details of how a contracting authority should notify Scottish Ministers of the publication of its annual procurement report covering financial year 2019-20, including completing and submitting the template provided at Annex A. This SPPN also provides information on notifying Scottish Ministers of the publication of a revised procurement strategy.