The Public Procurement (Miscellaneous Amendment) (Scotland) Regulations 2024
14th November 2024
Introduction: The Public Procurement (Miscellaneous Amendment) (Scotland) Regulations 2024 (the “Regulations”) have been introduced to amend the Public Contracts (Scotland) Regulations 2015 (the “2015 Regulations”) and the Concessions Contracts (Scotland) Regulations 2016 (the “2016 Regulations”). These amendments aim to align Scottish procurement regulations with relevant EU Directives and improve the efficiency and effectiveness of the procurement process.
Key Changes: 1. Threshold Increases: The Regulations increase the procurement thresholds for public contracts and concessions contracts in Scotland. The new thresholds are: – Public contracts: £250,000 (previously £100,000) – Concessions contracts: £25 million (previously £20 million)
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Electronic Procurement: The Regulations make electronic communication mandatory for all procurement procedures above the new thresholds. This means that contracting authorities must use electronic means to communicate with tenderers and candidates, including submitting tenders, exchanging information, and awarding contracts.
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Simplified Procedures: The Regulations introduce simplified procedures for certain types of procurement contracts, including contracts for innovative solutions and contracts with very high social value. These simplified procedures aim to reduce bureaucracy and make it easier for businesses to participate in public procurement.
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Central Purchasing Bodies: The Regulations clarify the role of central purchasing bodies in Scotland. These bodies can procure goods, services, or works on behalf of contracting authorities, enabling them to achieve economies of scale and improve efficiency.
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Exclusion Grounds: The Regulations expand the list of mandatory exclusion grounds for bidders and candidates. These grounds now include:
- Corruption or fraud
- Violent crime or terrorism-related offenses
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Breach of environmental, social, or labor law obligations
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Remedies: The Regulations strengthen the remedies available to contracting authorities and tenderers in the event of breaches of the procurement regulations. These remedies include:
- Damages
- Termination of contracts
- Blacklisting of bidders
Implications: The Regulations will have significant implications for public procurement in Scotland. They will: – Increase the efficiency and transparency of the procurement process – Reduce barriers to entry for businesses – Promote innovation and social value – Enhance the integrity of public procurement
Implementation: The Regulations came into force on 14th November 2024. Contracting authorities should take steps to ensure compliance with the new requirements as soon as possible.
The Public Procurement (Miscellaneous Amendment) (Scotland) Regulations 2024
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