Procurement - Other information
Other information
What are the Standing Orders on Contract?
These are a set of rules which apply to every person in the council. All contracts and procurement processes must comply with the Standing Orders on Contract. They cover all contracts and transactions with suppliers, for all values. This includes Purchase Orders, maintenance agreements and licenses for software, along with contracts for Supplies, Works and Services.
The Standing Orders on Contracts detail the authorisations which must be given. Most authorisations are given by Executive Directors, although this can be delegated to Head of Service or other Managers through the Resource Scheme of Delegation. High value contracts require sign off from Committee Chairs and other Elected Members
The Procurement Lead allocated for your project will guide you through the process, to ensure the correct authorisations are in place.
Please search within Learn Online to find Standing Orders on Contracts training.
What is the Scheme of Delegation for Contract Procedures?
This reflects the Standing Orders on Contracts and outlines the approval process required as part of a procurement exercise and for signing off contracts.
There are separate Schemes of Delegation for Contract Procedures in place for each Resource which determines who can approve the procurement. This is based on the level of spend and type of Procurement process used.
We will advise you on the approval process for each Procurement process.
Specification
A Specification may also be referred to as a ‘statement of work’ or ‘scope’. It is a document that describe the Supplies, Services or Works which you require, and includes the who/what/when/where/how and why.
We can help you with the compilation of your Specification and have developed a template for your use if required.
Evaluation criteria and process
We will work with you to develop evaluation criteria in line with the Specification.
Evaluation criteria are usually a combination of Price/Commercial and Quality/Technical. These can be bespoke to a particular competitive Procurement process, or where carrying out a mini competition, may be carried forward from appointment to Framework.
The Procurement Lead will work with you to develop appropriate evaluation criteria for each project.
Training will also be provided for Evaluation Panel members.
All evaluations will be carried out in line with the process set out in the Invitation to Tender documents, whether we are carrying out a new procurement process (such as an Open, or setting up a Framework), or calling-off from a Framework using Direct Award or Mini Competition. Details on the Open process, Framework, Direct Award or Mini Competition can be found on our Common types of Procurement process page.
Community Benefits
Our approach to Community Benefits is changing. The Procurement Lead will guide you through the process for any relevant projects. Please also see Current wish list - South Lanarkshire Council for further information.
You can also view details on our Community Benefits page on our website.
Please refer to the Community Benefits process.
Terms and Conditions of Contract
A contact is an agreement between two or more parties to carry out Works, supply goods or Supplies, and/or provide Services. Each contract is subject to its own Terms and Conditions, which set out the rights and obligations of the parties to that contract.
Service Level Agreements, Memorandums of Understanding and Order Forms can all be treated as contracts with associated Terms and Conditions. Please contact Legal Services or Procurement Services before signing any documentation.
The council makes use of standard forms of building contracts, for example, NEC, JCT or SBCC, as well as the council’s standard Terms & Conditions for Supplies, Services and Social Care Services.
Frameworks, DPS and PSA’s established by the council always use bespoke Terms & Conditions to establish the Frameworks, DPS or PSA’s, and for the call-off contracts awarded through Direct Award or Mini Competitions.
Calling off by Direct Award or Mini Competition from a Framework, DPS or PSA which has been established by another organisation will require use of that Framework/DPS/PSA Terms & Conditions and compliance with any requirements as set out in the Framework/DPS/PSA documents, as well as the council Standing Orders on Contract. Details on the Framework, Call-offs, Direct Award or Mini Competition can be found on our Common types of Procurement process page.
Bespoke T&Cs may be used for other Procurement processes.
The Procurement Service and Legal will advise which is appropriate for each request.
Public Contracts Scotland (PCS) and Public Contracts Scotland Tender (PCS-T)
In order to comply with the Regulations, it is a requirement that all contract opportunities above £50,000 are advertised on PCS and all documentation is available electronically.
Where the Resource area is carrying out procurement activity for a Quick Quote or Mini Competition from a Framework, the Resource area lead must therefore publish all documentation on PCS. This includes Terms & Conditions, Specifications/Scope of requirements, evaluation criteria (including Price/Quality weighting) and details of how the evaluation will be carried out.
Where the Procurement Service is carrying out the procurement, the Procurement Lead will publish all documentation using PCS-T, or may also utilise other systems as required, such as when calling off from Frameworks.
Contract Award Notices must be published for all contract awards over £50,000, and it is good practice to do so under £50,000. Please contact the Procurement Service if you require support to do this.
"The Procurement Regulations" Public Contracts (Scotland) Regulations 2015
The Public Contracts (Scotland) Regulations 2015, the “Regulations”, are the Regulations or law which applies to all regulated public sector procurement activity in Scotland.
Regulated procurement is over £50,000 for Supplies and Services or over £2 million for Works. In the event of the council not complying with the Regulations, the council may face legal action, which can include fines, and contract awards being delayed or cancelled. The council may also be required to repeat or carry out a new procurement process.
The Procurement Service and Legal Service will work with you to ensure all procurement processes are carried out in a manner which is compliant with both the Regulations and Standing Orders on Contract.
