It is good practice to notify bidders of any particular contract performance requirements or any essential award criteria early in the process.
This can be done by including details in the contract notice or a prior information notice, so that they can take an early view on whether they can satisfy the requirements. For example, the contract notice could state whether the organisation awarded the contract will be carrying out public functions, and make clear that it will subject to the general equality duty.
Details can be included at section V1.3 Additional Information of the Contract Notice. Below are examples of wording that can be used for this purpose:
‘The contract/framework agreement supports the Scottish Government's National Performance Framework, and the National Outcomes which articulate the purpose to focus on creating a more successful country with opportunities for all of Scotland to flourish through increased wellbeing, and sustainable and inclusive economic growth.’ This framework supports the following National Outcomes, and contractors are expected to support the authority’s aim to achieve these.'
‘The contracting authority has included obligations within the specification and contract conditions relating to equality duties which are relevant to the products/services to be delivered.’
‘Every vacancy on site, including those with sub-contractors, is to be notified to agencies named by the Authority, and candidates identified by these agencies are to have an equal opportunity in the selection process.’