Transport Scotland A9 Dualling Tay Crossing to Ballinluig - Contract No: TS/SPCD/CC/2024/05/01: EIR release

Information requested

I note that Transport Scotland recently made an award to QTS (part of the Renew Holdings group of Companies) via the Civil Engineering Dynamic Purchasing System (DPS) Scotland. (SC Ref:814668)
Procurement: civil engineering dynamic purchasing system (DPS) for projects up to £5 million: guidance - gov.scot
This was for Fencing for Openreach Diversion Works between Tay Crossing and Ballinluig at a value of £221,858.10 (excl. VAT).
View Notice - Public Contracts Scotland

The Contract Notice advises that only one tender was received for this work, yet QTS are not listed as a sole supplier under any of the DPS lots (see attached).

My understanding from Scottish Government guidance is that under a DPS, there must be a competitive tender process prior to award.
“Buying from a DPS
Organisations using the DPS will prepare and issue individual tenders which must be conducted electronically. All suppliers on the DPS, or relevant Lot , must be invited to bid for the specific opportunity. A minimum timescale for return of tenders is 10 days - though due consideration should be given to the complexity of the requirement when allocating time. Once tender evaluation is complete the contract can be awarded - there is no formal requirement for a standstill period.” [Source: Dynamic Purchasing Systems (DPS) - gov.scot]

Could you clarify the following;

1. Is it indeed correct that competitive tender must be employed in every case when awarding contracts via a DPS?
2. If not, what alternative options are available to public sector Buyers when procuring contracts under a DPS?
3. Specifically relating to this tender, could you outline the circumstances that led to a single tender being received and the resulting award?

Response

As the information you have requested is ‘environmental information’ for the purposes of the Environmental Information (Scotland) Regulations 2004 (EIRs), we are required to deal with your request under those Regulations.

We are applying the exemption at section 39(2) of the Freedom of Information (Scotland) Act 2002 (FOISA), so that we do not also have to deal with your request under FOISA.

This exemption is subject to the ‘public interest test’. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption, because there is no public interest in dealing with the same request under two different regimes. This is essentially a technical point and has no material effect on the outcome of your request.

Response

1. Is it indeed correct that competitive tender must be employed in every case when awarding contracts via a DPS?

In accordance with the Scottish Procurement & Property Directorate (SPPD) Buyer's Guide for the Civil Engineering DPS, whenever a buying organisation issues a call for competition/Invitation To Tender (ITT) under the DPS, they must invite to bid all suppliers within the relevant categories. There is no “direct award” process available via a DPS.

2. If not, what alternative options are available to public sector Buyers when procuring contracts under a DPS?

As confirmed above, in accordance with the Scottish Procurement & Property Directorate (SPPD) Buyer's Guide for the Civil Engineering DPS, whenever a buying organisation issues a call for competition/Invitation To Tender (ITT) under the DPS, they must invite to bid all suppliers within the relevant categories. There is no “direct award” process available via a DPS.

3. Specifically relating to this tender, could you outline the circumstances that led to a single tender being received and the resulting award?

The Fencing for Openreach Diversion Works between Tay Crossing and Ballinluig is a call-off contract awarded under Lot 1 – General Civil Engineering Works of the DPS in accordance with the Civil Engineering DPS mini-competition procedures. All eighteen suppliers participating in Lot 1 of the DPS at that time, who cover the Perth and Kinross Council area, were invited to submit a Tender via the PCS-Tender website on 12 August 2025. Only one supplier (QTS Group Ltd) returned a Tender before the deadline for submission of tenders which expired at 12 noon on 3 September 2025. As part of the process, a number of suppliers declined to Tender reporting capacity or skillset reasons.

At the time of submitting its Tender, the successful supplier would have had no way of knowing that its was the only tender submission being submitted, therefore the contract was awarded on the basis of a competitive procurement competition.

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