The Procurement (Scotland) Regulations 2016 give effect to provisions of the Procurement Reform (Scotland) Act 2014 (the Act) and is effective from 18 April 2016.
These regulations ensure the rules applying to lower value contracts regulated by the Act are comparable with the equivalent rules for higher value contracts, which will be regulated by the Public Contracts (Scotland) Regulations 2015. This is intended to ensure consistency and clarity, and is in keeping with the views of those who responded to the public consultation on the changes to procurement legislation in 2015.
The Procurement (Scotland) Regulations 2016 provide additional detail in the following areas:
- how the estimated value of a contract is to be determined;
- the provisions of the Act which apply to the establishment and operation of dynamic purchasing systems;
- what is a health or social care service for the purposes of the Act;
- the circumstances in which a contracting authority may award a contract under the Act without competition;
- details regarding the publication of contract opportunity notices, prior information notices and contract award notices on the Public Contracts Scotland website;
- the circumstances under which a contracting authority must exclude a business from a competition under the Act;
- the circumstances in which a business may or may not be excluded from bidding for a contract under the Act; and
- the rules for drafting technical specifications for contract documents.