Route 3 - Supplier Selection - Publicising the Contract

To ensure that value for money is achieved it is essential that a sufficient number of competent, financially sound suppliers with adequate capacity to undertake the work are identified.

If a purchase is not excluded from the regulations and its estimated value is equal to or above the relevant EU thresholds, publication of the intended procurement in OJEU is mandatory. The Public Contracts (Scotland) Regulations 2015 do not allow advertisements for such contracts to appear in any other media before the notice is published in OJEU (except that publication may take place at national level where a notice has been sent to OJEU for publication but the organisation has not been notified of the publication by the EU publications office within 48 hours of confirmation of receipt of the notice). Adverts in media other than OJEU must not contain information which is not included in the OJEU notice.

Where OJEU advertisment is required (this will be for all procedures other than negotiated procedure without prior publication), Contract Notices should be used to advertise all procurement procedures with one exception. Sub-central organisations are allowed to use a Prior Information Notice (PIN) as a means to call for competition to advertise the Restricted Procedure or Competitive Procedure with Negotiation.   A sub-central organisation is any Organisation which does not belong to Central Government or National Health. A PIN by any organisation which is not a call for competition can also be used to stimulate market interest in advance of the commencement of the procurement process itself and can allow potential bidders to prepare themselves to bid in time for the contracts announced. It can also be used by any organisation to enable reductions in timescales for competitions if certain criteria can be met.

OJEU Notices should be sent via electronic means, and access to associated documents must be free and unrestricted. The Contract Notice (or PIN if a call for competition) should contain the internet address at which the procurement documents can be accessed.  If exceptions apply, which mean that the procurement documents are not to be made available electronically, the Contract Notice must detail how access can be obtained.

Organisations must ensure that they are able to supply proof of the dates on which the notices are sent to the EU Publications Office for publication, which is provided by PCS.

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