Route 3 is designed for use by Procurement Officers. If this does not apply to you, please contact your Procurement Function or Centre of Expertise.
This Route of the Procurement Journey provides guidance for regulated procurements for supplies and services for OJEU threshold and above. It does not cover construction (works).
Mixed procurements that contain any activity within the scope of the Defence and Security Regulations or the Utilities Directive must be carried out by referring to the relevant legislation and such procurement exercises do not come under the guidance of the Procurement Journey.
Where a procurement consists of a mix of:
- services/goods and works, then the main subject of the contract needs to be determined to establish which procurement rules apply e.g. a procurement with a goods and a works element, which has the provision of goods as the main subject matter should be treated as a goods procurement exercise. (It is important to focus on what the main subject is i.e. there could be a contract with more goods supplied, however the works element may still be the main subject/purpose of the contract or vice versa.)
- partly services (including Care and Support Services and those detailed in schedule 3, and partly goods, the main subject of the contract is determined by which of the services or goods has the highest estimated value.
- Care and Support Services and those listed in schedule 3 and partly of other services, the main subject of the contract is determined by which of the services has the highest estimated value.
Please note, the Procurement Journey does not cover procurements where works or contracts include elements of ‘utilities’ activities e.g. running tramways which are not separable, or which are separable but which constitute the main subject-matter of the contract.
The main objectives of the toolkit are:
- To provide a step-by-step guide to conducting a strategic procurement exercise for regulated procurements above OJEU Threshold
- To provide a set of guides and templates that can be used to collate and analyse the data required when conducting the procurement exercise
- To standardise the public sector procurement process across organisations
- To highlight the minimum legal and policy obligations involved at each stage of the process
In any procurement process, the key roles of the budget holder and Procurement Officer should not be performed by the same individual. For more information please see the Scottish Procurement Policy Handbook (currently being updated).
Route 3 is compliant with the Public Contracts (Scotland) Regulations 2015 and the Procurement Reform (Scotland) Act 2014.
Consideration must be given to Planning, Sustainable Procurement and Risk Management throughout the Journey and records should be kept for audit purposes. It should be noted that purchases of goods and services are routinely the subject of Freedom of Information requests.
Please be aware that where the term 'commodity' is used, this can equally refer to categories and/or services. The term 'supplier' is used throughout the Procurement Journey and refers to both suppliers and service providers.
Now you are ready to begin your Route 3 Procurement Journey.
Please ensure the guidance is used in conjunction with the internal governance, policies and procedures for your Organisation.