Updates/News

 

Updates

On 04 April, Part V (guidance for procurement officers) of the ESPD (Scotland) was amended.  The amendment changed the reference from:

“This part can only be used for restricted procedures, competitive procedures with negotiation, competitive dialogue procedures and innovation partnerships only, i.e. this does not apply to open procedure and competitive procedure without negotiation”

to

“This part can only be used for restricted procedures, competitive procedures with negotiation, competitive dialogue procedures and innovation partnerships only, i.e. this does not apply to open procedure and negotiated procedure without prior publication

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On the 31st of January 2019, the ESPD word document was updated to version 1.13 to include more guidance on completing question 2A.3 National identification number:

Route 2 - Develop documents - European SIngle Procurement Document - ESPD (Scotland)

Route 3 - Develop Document - ESPD (Scotland)

 

On 10th January 2019, the Exclusion, Selection and Award Criteria - ESPD (Scotland) station was updated to include information on utilising financial ratios in the ESPD (Scotland) module on PCS.

 

On 7th January, further guidance on sustainable procurement has been included throughout the following stations and substations:

 

On 12th September, the Procurement Journey was updated to include Fair Work practices Best Practice guidance, including practical tools and guidance. The guidance can be found via the Additional Resources section and is also embedded throughout the relevant stations of the Procurement Journey.

 

The Construction Procurement Handbook has been published providing guidance for public sector contracting authorities on the procurement of construction works. The Construction Team can be contacted on 0131 244 4892 or at: constructionprocurementreview@gov.scot.

 

Legal Obligations 

Decisions of the European Court of Justice and the national courts provide interpretation of the requirements of the EU Treaty and the EU Procurement Directives and can establish precedents which must be observed. Caselaw, by its nature, is constantly evolving and can have significant effects.

The legal framework is not static: it evolves through new/amended legislation, through European Commission decisions/guidelines and through court judgments. Every public body should therefore ensure that it has appropriate arrangements in place to ensure that staff involved in procurement activity are kept up to date with developments in the legal framework and are equipped to meet their legal obligations.

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