SCOTTISH PROCUREMENT

Public Procurement: key developments in care and support

CCPS Membership meeting13 March 2014Susan Duncan

Scottish Procurement

Lets look at ……

•Guidance and new legislation

•Opportunities and connections

•Next steps

Scottish Procurement

Guidance and new legislation

Procurement Reform (Scotland)

Bill_____________

Scottish Procurement

Concerns -

• conduct and outcome

• lack of consultation

• Impact on quality

• Impact on users

PEOPLE

&

CARERS

Guidance on the Procurement of Care and Support Services

Guiding principles

positive outcomes for users and deliver

personalised

services

involve service users

and carersPromote

collaboration within context of

strategic commissioning

Staff follow care standards and employers provide

training and development

opportunities

Achieve Best Value

and incorporate benefit and risk analysis

Have strong

leadership at senior level and need a

skilled and competent workforce

Comply with

procurement rules and meet

National Care Standards

Guidance on the Procurement of Care and Support Services

Scottish Procurement

• Transposition by April 2016

• Optional elements – consultation

• Key changes– Self-declaration– More lotting of contracts– Mandatory electronic tendering– Shortened timescales– Focus on social and environmental issues

New Procurement Directives

The Directives and health and social care procurement

•Lighter-regime, above €750,000 only– New rules for – Can ban lowest price– Focus on quality issues

New Procurement Directives

Scottish Procurement

Procurement Reform (Scotland) Bill_____________

AIM

“To establish a national legislative framework for sustainable public procurement that supports Scotland's economic growth by delivering social and environmental benefits

including community benefits, supporting innovation and promoting public procurement processes and systems which

are transparent, streamlined, standardised, proportionate, fair and business-friendly.”

Procurement Reform (Scotland) Bill

Content of the Bill – as introduced to Parliament

THRESHOLDS

Duties Proposed Measures

1. Treat relevant economic operators equally and without discrimination and act in a transparent and proportionate manner

2. Comply with the sustainable procurement duty

1. Procurement strategy and report against the strategy annually

2. Contracts Register

3. Consider Community Benefits – for all major contracts

4. Supported Business access to lower value reserved contracts

5. Regulations about the use of technical specs

6. Prohibit charging for participation in procurement process

7. Use a standard PQQ

8. Publish advert and award notices

9. Exclusion of bidders

10. Climate Change (Scotland) Act 2009

11. Debriefing of unsuccessful bidders

REMEDIES

Procurement Reform (Scotland) Bill

Impact on health and social care services?

Procurement Reform (Scotland) Bill

Focus on commissioning and strategic approach

Need to consider impact of

procurement decisions

Quality of outcomes

matter

Stage 2 - amendments

For health and social care contracts•Can awarded contracts without seeking offers•Publish guidance

Public Procurement: key developments in care and support

• Commissioning and strategic procurement

• Focus on impact and outcomes

• Quality and principles matter

• Ongoing engagement

Our next steps

•Support the Procurement Reform Bill though the Parliamentary process (Stages 2, & 3)

•Transpose the new Directives & implement Bill

•Statutory guidance / capability

•wider public procurement reform programme

Thank you

Any questions ??