Develop Documents

This section of the Procurement Journey provides guidance on the following:

If you use Public Contracts Scotland (PCS)

If you decide to use the online ESPD (Scotland) Module on PCS (the Module), the selection and exclusion criteria will need to be detailed in  the ESPD (Scotland)  i.e. not in the Contract Notice

The default exclusion criteria required for a process valued equal to or above the OJEU threshold is provided automatically in the Module. You can choose the selection criteria relevant to the procurement exercise you are conducting.

Care must be taken to ensure consistency between the ITT and the Contract Notice.  If at any point in your procurement process you identify the need to vary from the Contract Notice you may need to cancel the existing notice and republish (which could result in new suppliers coming forward).

If You Use PCS-T

It is necessary to have all of the above documentation created on PCS-Tender, where it is used, before preparing the Contract Notice and advertising requirement on PCS-Advertising.

Confidentiality

You should not disclose information provided by bidders that has been highlighted as confidential.  This could include but is not limited to technical or trade secrets and the confidential aspects of tenders.

You may wish to consider adding a requirement to ensure your organisation’s confidential information is protected throughout the procurement process.

Fair Work Practices

It is helpful for you to highlight to the market at an early stage any contract requirements.  This includes your approach to addressing Fair Work practices in the procurement exercise. This should be included in the procurement documents, which invite suppliers to participate in the procurement exercise.

The Example Fair Work statements for procurement documents will help you to inform the market.

General Data Protection Regulation (GDPR)

Organisations should ensure that:

  • all relevant procurement documents make reference to the new Data Protection Legislation coming into force and
  • update terms and conditions.

You should seek legal advice to ensure this fits the nature of the requirement and the other documentation used.

More detailed information on GDPR can be found in Additional Resources

Cyber Risks

Cyber Risks

If the contract will involve, support or rely on the digital processing of information, organisations should ensure that appropriate consideration is given to potential cyber risks and their management.

Further information on how to assess and manage cyber risks as part of the procurement process can be found in the Scottish public sector Guidance Note on Supplier Cyber Security. Buyers may also optionally make use of the Cyber Security Procurement Support Tool (CSPST) to assess cyber risks and generate minimum cyber security requirements as part of award criteria. Guidance on the CSPST tool includes example wording for contract notices and Invitations to Tender can be found here. More information can be found in Leadership and Governance.

Consideration must also be given to Planning, Sustainable Procurement and Risk Management throughout this stage of the Journey.