Scottish Procurement Policy Handbook

If not already started, after an LTA has made their franchising framework, the LTA should commence work on their franchise agreements. Public sector procurement in Scotland takes place within a framework of rules and policies that apply to the procurement activities of public bodies in Scotland. The Scottish Procurement Policy Handbook should be read in conjunction with these rules, which include the following: -

• the Procurement Reform (Scotland) Act 2014
• the Public Contracts (Scotland) Regulations 2015
• the Procurement (Scotland) Regulations 2016

And if an LTA is conducting a Concessions or Utilities procurement then they should also consider the following: -

• the Concession Contracts (Scotland) Regulations 2016
• the Utilities Contracts (Scotland) Regulations 2016

The Handbook also highlights some key legal obligations and considerations that are designed to ensure that procurement activity is:

• focused on the delivery of VfM for public funds
• conducted to the highest professional standards and to the relevant legal requirements
• conducted by appropriately trained and authorised staff to minimise the risk of legal challenge to public bodies
• accountable, with strong governance practices in place, and
• open and transparent.

This will help to ensure the greatest benefits are gained and that sustainability is embedded, and proportionately applied to, all procurement decisions and activities. Having the correct procurement arrangements in place can, among other things, help a public body to achieve VfM as well as focus on good governance and effective management of resources while achieving the best possible outcomes.

The Handbook should also be read in conjunction with Scottish Procurement Policy Notes, legislation set out in the Handbook, guidance and other supporting documents, such as the Scottish Public Finance Manual (SPFM).