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Rules and Regulations

This page provides information on the Public Procurement Legislation within Scotland and the UK, as well as the councils Standing Orders and Procurement Procedures.

Public Procurement Legislation

Public Procurement in Scotland in governed by national and international legislation, stemming from the Government Procurement Agreement (GPA) 2021.  Below the GPA, there are three legislative documents applicable to Scotland:

Procurement Reform (Scotland) Act 2014

Public Contracts (Scotland) Regulations 2015

The Procurement (Scotland) Regulations 2016

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.

Annual Procurement Report 2021-22 [338KB]

 

Standing Orders and Corporate Procurement Procedures

The primary rules governing procurement within West Lothian Council are the Standing Orders for the Regulation of Contracts (Standing Orders) [232KB] . 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.

 

Thresholds

The Council's specific Procurement thresholds

Contract TypeAggregate Purchase ValueMinimum Advertising RequirementsMinimum Number of Quotes/Tenders

Supplies, Services or Works

£0 to £999N/ARequirement to ensure Best Value*

 

Supplies, Services or Works

 

£1,000 to £4,999N/ATwo Quotes sought

 

Supplies & Services

 

£5,000 to £49,999Quick QuoteMin 3 Quotes sought via Quick Quote

 

Works

 

£5,000 to £249,999Quick QuoteMin 3 Quotes Sought via Quick Quote

 

Supplies & Services

 

£50,000 to Relevant ThresholdPublic Contracts ScotlandMin 3 Tenders Sought via Public Contracts Scotland

 

Works

 

£250,000 to Relevant ThresholdPublic Contracts ScotlandMin 3 Tenders Sought via Public Contracts Scotland

 

Supplies, Services or Works

 

Above Relevant ThresholdPublic Contracts Scotland Tender and Find a Tender ServiceMin 5 Tenders sought via Public Contracts Scotland Tender and Find a Tender Service

 

Procurement Thresholds

The 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.

 

West Lothian Council Construction Charter

The West Lothian Council Construction Charter can be found below;

West Lothian Council Construction Charter [434KB]

 

Fraud Awareness and Prevention

Link to West Lothian Councils Fraud Awareness and Prevention pages;

Fraud Awareness and Prevention