Route 3 Supplier Selection - Assessing Responses
The selection panel must assess responses to the ESPD (Scotland) in accordance with the advertised requirements.
As this stage of the process, bidders’ suitability is being assessed on the basis of:
Technical and professional ability
Economic and financial standing
It is important that any additional information provided by the bidder(s) which is not appropriate i.e. not part of supplier selection criteria, is not taken into consideration when assessing responses.
Extra vigilance must be shown if you are considering responses where prior market consultation has taken place. You must ensure that the information provided to the bidders is reflective of a fair process, and ensure no bidder(s) have been advantaged or indeed disadvantaged through the process.
The Scottish Government is committed to ensuring that public contracts are only awarded to appropriate businesses. This is why a supplier convicted of one of the criminal offences listed under regulation 58(1) of the Public Contracts (Scotland) Regulations 2015 must be excluded from procurement procedures for 5 years from the date of the conviction by final judgment unless the supplier provides evidence that it has taken measure sufficient to demonstrate its reliability despite the conviction (“self-cleansing”).
A supplier which has proved that it has self-cleansed must not be excluded. The self-cleansing measures taken must be evaluated by your organisation taking into account the gravity and particular circumstances of the criminal offence. To self-cleanse the supplier must prove that it has:
paid or undertaken to pay compensation in respect of any damage caused by the criminal offence;
clarified the facts and circumstances in a comprehensive manner by collaborating with the investigating authorities; and
taken concrete technical, organisational and personnel measures that are appropriate to prevent further criminal offences.
On an exceptional basis, mandatory grounds for exclusion may be disregarded where there are overriding reasons relating to the public interest.
Further details and information on this can be found in grounds for exclusion.
An evaluation report that clearly identifies reasons for rejecting suppliers should be produced to assist with debriefing, and suppliers must be advised in writing of the outcome of the Selection Stage. If PCS-Tender is being utilised, the system can generate de-briefing reports. This template may be used to inform unsuccessful bidders during a restricted procedure, competitive dialogue etc..
It is recommended as best practice to provide the unsuccessful suppliers with the reasons for their elimination from the procurement exercise at the selection stage and this would reduce risks later in the procurement process. If you choose not to issue such a communication at selection stage, then you are required to include all such suppliers in the standstill process and issue them a standstill letter at award stage.