Rules and Regulations
This page provides information on the Public Procurement Legislation within Scotland, the UK and the European Community, as well as the councils Standing Orders and Procurement Procedures.
Public procurement legislation within Scotland, the UK and the European Community
The Public Contracts (Scotland) Regulations 2012 and the Utilities Contracts (Scotland) Regulations 2012 give effect in Scotland to the Public Sector Directive [Directive 2004/18/EC], the Utilities Directive [Directive 2004/17/EC], and the Defence and Security Directive [Directive 2009/81/EC]. These European Directives seek to ensure that public sector bodies such as the council award contracts in an efficient and non-discriminatory manner.
The Regulations set out the procedures to be followed at each stage of the procurement process leading to the award of contracts above certain financial thresholds for works, supplies and services by the council and other public bodies. They take account of modern techniques such as e-procurement and the provision of framework agreements, as well as the extent to which social and environmental issues can be considered during the procurement process.
Annual Procurement Report
Section 18 of the Procurement Reform (Scotland) Act 2014 requires contracting authorities to publish an Annual Procurement Report on their Regulated Procurement activities following the end of each financial year. The report includes summaries of; Regulated Procurements completed during the year, Community Benefits achieved as part of Regulated Procurements awarded, Regulated Procurements that are expected for completion in the next two financial years.
Standing Orders and Corporate Procurement Procedures
The primary rules governing procurement within West Lothian Council are the. The council's Corporate Procurement Procedures supplement the Standing Orders and provide additional guidance for officers to procure in accordance with Standing Orders and public procurement legislation.
The Council's specific Procurement thresholds
|Aggregate Purchase Value||Minimum Advertising Requirements||Minimum Number of Quotes/Tenders|
|Contract Type - Supplies, Services, Works|
|£0 to £999||N/A||Requirement to ensure best value*|
|£1,000 to £4,999||N/A||Two Quotes sought|
|£5,000 to £49,999||Quick Quote||3 Quotes sought via Quick Quote|
|£50,000 to OJEU**||Public Contracts Scotland||3 Tenders Sought via Public Contracts Scotland|
|Above OJEU||Public Contracts Scotland and OJEU||5 Tenders sought via Public Contracts Scotland and OJEU|
*There is no minimum number of quotes to be sought. Council officers must satisfy themselves that best value has been achieved for the non-contracted, low value purchase.
**The Official Journal of the European Union (OJEU) is the publication in which all tenders from the public sector which are valued above a certain financial threshold according to EU legislation, must be published.
The EU procurement thresholds
The EU procurement thresholds can be found on the Scottish Government website.
Terms and Conditions
West Lothian Council operates several sets of Terms and Conditions dependant on the goods/services being procured.
Where a competitive procurement process has been completed, the subsequent contract will be subject to the Terms and Conditions issued to the suppliers.
The foregoing is subject to the following;
Where an order is placed pursuant to a framework agreement, the framework providers standard terms and conditions (or amended terms and conditions where West Lothian Council has amended these) shall apply.
Web links to the council's terms and conditions are listed below.