Route 3 - Develop Documents
- Exclusion, selection and award criteria
- ESPD (Scotland)
- Invitation to Tender (ITT) - including Terms and Conditions
It is necessary to have all of the above documentation created on PCS-Tender, where PCS-Tender is used, before preparing the Contract Notice and advertising the requirement on PCS-Advertising.
If you decide to use the online ESPD (Scotland) Module on PCS (the Module), then the selection and exclusion criteria will need to be detailed in the ESPD (Scotland) and not put 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 while you can choose the selection criteria relevant to the procurement exercise that you are conducting.
Care must be taken to ensure consistency between the ITT and the Contract Notice (if at any point in the 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).
You should ot disclose information provided by tenderers that has been designated as confidential, including, but 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.
It is helpful for organisations to highlight to the market at an early stage any contract requirements including, for example, its 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 Leadership & Governance
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 beta Scottish Cyber Assessment Service (SCAS) to assess cyber risks and generate minimum cyber security requirements as part of award criteria. Guidance on the SCAS tool includes example wording for contract notices and Invitations to Tender. More information can be found in Leadership & Governance