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Publication - Consultation analysis

Changes to the Public Procurement Rules in Scotland Consultation - Analysis of the Responses

Published
10 August 2015
ISBN
9781785445484

An analysis of the responses to the 2015 consultation on public procurement reform.

View supporting documents Supporting documents

Appendix 3: Results from closed questions

Q4. We believe that a statutory obligation on public bodies to include relevant clauses in their contracts is the best way to ensure that contractors comply with all relevant laws and collective agreements. This should also ensure that public bodies are able to end contracts where a contractor does not meet these requirements. Do you agree or disagree with this position?

Agree

Disagree

Other*

No Reply

Local authority (27)

22

3

-

2

Executive Agencies and NDPBs (13)

7

-

-

6

NHS (6)

6

-

-

-

Other statutory organisation (11)

9

-

-

2

Third sector / equality organisation (20)

9

-

-

11

Private sector organisation (18)

13

2

-

3

Representative body for third sector / equality organisations (12)

8

-

-

4

Representative body for private sector organisations (9)

4

1

-

4

Representative body for professionals (6)

5

-

-

1

Union (5)

5

-

-

-

Housing / Care (4)

4

-

-

-

Other (2)

1

-

-

1

Individuals (7)

2

-

1

4

TOTAL (140)

95

6

1

38


*Respondents included in the 'Other' column commented on the question but did not state their agreement or disagreement.

Q5. Is there still a case for reserving contracts for supported businesses in Scotland?

Yes

No

Other

No Reply

Local authority (27)

26

1

-

-

Executive Agencies and NDPBs (13)

9

-

-

4

NHS (6)

5

1

-

-

Other statutory organisation (11)

8

-

-

3

Third sector / equality organisation (20)

10

-

-

10

Private sector organisation (18)

8

3

-

7

Representative body for third sector / equality organisations (12)

8

-

-

4

Representative body for private sector organisations (9)

3

-

1

5

Representative body for professionals (6)

2

1

-

3

Union (5)

4

-

-

1

Housing / Care (4)

2

1

-

1

Other (2)

2

-

-

-

Individuals (7)

4

-

-

3

TOTAL (140)

91

7

1

41


Q6. Do you think that the definition of a "disadvantaged person" in this context should be "the unemployed, members of disadvantaged minorities or otherwise socially marginalised groups"?

Yes

No

Other

No Reply

Local authority (27)

10

13

3

1

Executive Agencies and NDPBs (13)

3

4

2

4

NHS (6)

4

1

1

-

Other statutory organisation (11)

5

3

-

3

Third sector / equality organisation (20)

4

1

-

15

Private sector organisation (18)

6

5

-

7

Representative body for third sector / equality organisations (12)

6

2

-

4

Representative body for private sector organisations (9)

2

-

-

7

Representative body for professionals (6)

3

1

-

2

Union (5)

4

-

-

1

Housing / Care (4)

1

1

-

2

Other (2)

1

1

-

-

Individuals (7)

2

1

1

3

TOTAL (140)

51

33

7

49


Q7. Our view is that we are not aware of any arguments that currently support reserving contracts for mutual and other non-public sector bodies in Scotland, and we believe this is less of an issue in Scotland. Do you think there are any advantages or disadvantages to applying this provision to the procurement activities of public bodies in Scotland?

Adv.

Disadv.

Other

No Reply

Local authority (27)

12

4

9

2

Executive Agencies and NDPBs (13)

3

-

3

7

NHS (6)

1

-

3

2

Other statutory organisation (11)

4

1

3

3

Third sector / equality organisation (20)

1

-

3

16

Private sector organisation (18)

1

3

-

14

Representative body for third sector / equality organisations (12)

3

1

3

5

Representative body for private sector organisations (9)

-

-

1

8

Representative body for professionals (6)

1

1

1

3

Union (5)

-

1

3

1

Housing / Care (4)

-

-

-

4

Other (2)

1

-

-

1

Individuals (7)

1

1

1

4

TOTAL (140)

28

12

30

70


Q8. Should the rules about labels which apply to contracts that are EU regulated procurements also apply to lower value regulated procurement contracts covered by the Act?

Yes

No

Other

No Reply

Local authority (27)

25

-

-

2

Executive Agencies and NDPBs (13)

4

3

-

6

NHS (6)

4

1

1

-

Other statutory organisation (11)

8

-

-

3

Third sector / equality organisation (20)

7

-

1

12

Private sector organisation (18)

7

2

-

9

Representative body for third sector / equality organisations (12)

3

3

-

6

Representative body for private sector organisations (9)

3

-

1

5

Representative body for professionals (6)

2

1

-

3

Union (5)

4

-

-

1

Housing / Care (4)

3

-

-

1

Other (2)

1

-

-

1

Individuals (7)

2

-

1

4

TOTAL (140)

73

10

4

53


Q9. Do you think we should align the rules on technical specifications for all regulated procurements, including those lower value procurements regulated by the Act?

Yes

No

Other

No Reply

Local authority (27)

25

-

-

2

Executive Agencies and NDPBs (13)

6

1

-

6

NHS (6)

6

-

-

-

Other statutory organisation (11)

8

-

-

3

Third sector / equality organisation (20)

5

1

1

13

Private sector organisation (18)

8

3

1

6

Representative body for third sector / equality organisations (12)

3

3

-

6

Representative body for private sector organisations (9)

5

1

-

3

Representative body for professionals (6)

3

2

-

1

Union (5)

4

-

-

1

Housing / Care (4)

3

-

-

1

Other (2)

1

-

-

1

Individuals (7)

2

-

1

4

TOTAL (140)

79

11

3

47


Q10. We believe that contracts should not be awarded on the basis of price or cost alone? Do you agree or disagree?

Agree

Disagree

Other

No Reply

Local authority (27)

16

10

-

1

Executive Agencies and NDPBs (13)

4

4

-

5

NHS (6)

6

-

-

-

Other statutory organisation (11)

6

1

1

3

Third sector / equality organisation (20)

11

1

-

8

Private sector organisation (18)

13

3

-

2

Representative body for third sector / equality organisations (12)

9

1

1

1

Representative body for private sector organisations (9)

8

-

-

1

Representative body for professionals (6)

3

2

1

-

Union (5)

5

-

-

-

Housing / Care (4)

1

3

-

-

Other (2)

2

-

-

-

Individuals (7)

2

1

-

4

TOTAL (140)

86

26

3

25


Q11. We believe that public bodies should retain discretion to split requirements into smaller lots and to award more than one lot to the same bidder. Do you agree or disagree with this?

Agree

Disagree

Other

No Reply

Local authority (27)

25

-

-

2

Executive Agencies and NDPBs (13)

7

-

-

6

NHS (6)

6

-

-

-

Other statutory organisation (11)

8

-

-

3

Third sector / equality organisation (20)

7

1

-

12

Private sector organisation (18)

13

2

-

3

Representative body for third sector / equality organisations (12)

6

1

1

4

Representative body for private sector organisations (9)

8

-

1

-

Representative body for professionals (6)

6

-

-

-

Union (5)

4

-

-

1

Housing / Care (4)

4

-

-

-

Other (2)

2

-

-

-

Individuals (7)

3

-

-

4

TOTAL (140)

99

4

2

35


Q14. We believe that we should not apply similar provisions on sub-contracting to contracts covered by the Act, as we do not think this would be proportionate. Do you agree or disagree with this?

Agree

Disagree

Other

No Reply

Local authority (27)

24

1

-

2

Executive Agencies and NDPBs (13)

5

1

1

6

NHS (6)

6

-

-

-

Other statutory organisation (11)

7

1

1

2

Third sector / equality organisation (20)

4

1

-

15

Private sector organisation (18)

10

2

-

6

Representative body for third sector / equality organisations (12)

4

1

-

7

Representative body for private sector organisations (9)

4

2

1

2

Representative body for professionals (6)

2

2

-

2

Union (5)

-

4

-

1

Housing / Care (4)

4

-

-

-

Other (2)

1

-

-

1

Individuals (7)

2

-

1

4

TOTAL (140)

73

15

4

48


Q15. We believe that similar payment terms for sub-contractors, as for main contractors, is a good thing and there are some measures underway, or in place, to address this. We also believe that direct payments to sub-contractors could be complicated and could mean public bodies assuming some responsibilities that should arguably remain with the main contractor. In light of this, we believe that public bodies should be able to make direct payments to sub-contractors only where the contract allows this to happen and parties agree. Do you agree or disagree?

Agree

Disagree

Other

No Reply

Local authority (27)

19

5

1

2

Executive Agencies and NDPBs (13)

6

1

-

6

NHS (6)

6

-

-

-

Other statutory organisation (11)

8

-

-

3

Third sector / equality organisation (20)

4

1

-

15

Private sector organisation (18)

12

3

-

3

Representative body for third sector / equality organisations (12)

5

-

-

7

Representative body for private sector organisations (9)

6

2

-

1

Representative body for professionals (6)

5

1

-

-

Union (5)

3

-

-

2

Housing / Care (4)

4

-

-

-

Other (2)

1

-

-

1

Individuals (7)

2

-

-

5

TOTAL (140)

81

13

1

45


Q16. Do you think that the same rules on selection criteria should apply to lower value regulated contracts as to higher value EU regulated public contracts? In particular, should the same rules apply on:

  • The use of turnover as a selection criterion?
  • The right of a public body to assume that a business does not have the professional ability needed for the performance of a specific contract, if that business has a conflict of interest which might mean that it is less able to deliver the contract?

Yes

No

Other

No Reply

Local authority (27)

21

1

3

2

Executive Agencies and NDPBs (13)

4

2

1

6

NHS (6)

1

2

3

-

Other statutory organisation (11)

4

-

4

3

Third sector / equality organisation (20)

5

2

-

13

Private sector organisation (18)

8

4

1

5

Representative body for third sector / equality organisations (12)

2

2

4

4

Representative body for private sector organisations (9)

3

-

1

5

Representative body for professionals (6)

5

1

-

-

Union (5)

2

-

2

1

Housing / Care (4)

3

1

-

-

Other (2)

-

1

1

-

Individuals (7)

2

1

1

3

TOTAL (140)

60

17

21

42


Q17. Do you agree or disagree that public bodies should retain the flexibility to decide for themselves the basis upon which groups of businesses will be able to meet tests of economic and financial standing and technical and professional ability that will be necessary to perform a particular contract or should there be national standards?

Agree

Disagree

Other

No Reply

Local authority (27)

24

1

-

2

Executive Agencies and NDPBs (13)

6

1

-

6

NHS (6)

5

-

1

-

Other statutory organisation (11)

8

-

-

3

Third sector / equality organisation (20)

4

2

1

13

Private sector organisation (18)

7

4

1

6

Representative body for third sector / equality organisations (12)

5

-

1

6

Representative body for private sector organisations (9)

3

2

-

4

Representative body for professionals (6)

5

1

-

-

Union (5)

1

-

-

4

Housing / Care (4)

3

-

1

-

Other (2)

1

1

-

-

Individuals (7)

2

-

-

5

TOTAL (140)

74

12

5

49


Q18. Should the list of criminal convictions which may result in exclusion from bidding be the same for all regulated contracts, regardless of value?

Yes

No

Other

No Reply

Local authority (27)

23

-

2

2

Executive Agencies and NDPBs (13)

7

-

-

6

NHS (6)

6

-

-

-

Other statutory organisation (11)

7

-

2

2

Third sector / equality organisation (20)

7

-

-

13

Private sector organisation (18)

12

1

-

5

Representative body for third sector / equality organisations (12)

5

-

-

7

Representative body for private sector organisations (9)

5

-

1

3

Representative body for professionals (6)

4

-

-

2

Union (5)

4

-

-

1

Housing / Care (4)

4

-

-

-

Other (2)

1

-

-

1

Individuals (7)

2

1

-

4

TOTAL (140)

87

2

5

46


Q19. Should public bodies be required to exclude a business from bidding for lower value regulated contracts if it, or someone who holds a senior position in it, has been convicted of any of the offences on the list?

Yes

No

Other

No Reply

Local authority (27)

22

3

-

2

Executive Agencies and NDPBs (13)

6

1

-

6

NHS (6)

6

-

-

-

Other statutory organisation (11)

4

5

-

2

Third sector / equality organisation (20)

5

1

-

14

Private sector organisation (18)

13

-

-

5

Representative body for third sector / equality organisations (12)

5

-

-

7

Representative body for private sector organisations (9)

5

-

-

4

Representative body for professionals (6)

4

-

-

2

Union (5)

4

-

-

1

Housing / Care (4)

3

1

-

-

Other (2)

1

-

-

1

Individuals (7)

2

-

-

5

TOTAL (140)

80

11

-

49


Q20. Should public bodies retain the discretion to decide whether or not to exclude a business from bidding for a contract where the body can demonstrate by appropriate means, short of a court, tribunal or administrative decision, that the business has breached its obligations to do with paying tax or social security contributions?

Yes

No

Other

No Reply

Local authority (27)

20

5

-

2

Executive Agencies and NDPBs (13)

7

-

-

6

NHS (6)

2

4

-

-

Other statutory organisation (11)

7

1

-

3

Third sector / equality organisation (20)

6

-

2

12

Private sector organisation (18)

10

4

-

4

Representative body for third sector / equality organisations (12)

5

-

-

7

Representative body for private sector organisations (9)

7

-

-

2

Representative body for professionals (6)

5

-

-

1

Union (5)

-

4

-

1

Housing / Care (4)

4

-

-

-

Other (2)

1

-

-

1

Individuals (7)

2

-

-

5

TOTAL (140)

76

18

2

44

Q21. Should public bodies be given the discretion not to exclude a business which has breached its obligations to do with paying tax or social security contributions, and where this has been established by a court, tribunal or administrative decision, if it would be disproportionate to do so?

Yes

No

Other

No Reply

Local authority (27)

24

1

-

2

Executive Agencies and NDPBs (13)

6

-

1

6

NHS (6)

2

4

-

-

Other statutory organisation (11)

7

1

-

3

Third sector / equality organisation (20)

3

1

3

13

Private sector organisation (18)

10

4

-

4

Representative body for third sector / equality organisations (12)

4

1

-

7

Representative body for private sector organisations (9)

6

-

-

3

Representative body for professionals (6)

4

1

-

1

Union (5)

-

4

-

1

Housing / Care (4)

2

2

-

Other (2)

1

-

-

1

Individuals (7)

3

-

-

4

TOTAL (140)

72

19

4

45


Q22. Should public bodies also have the discretion to exclude a business from bidding for lower value regulated contracts if it has breached its obligations in relation to the payment of tax?

Yes

No

Other

No Reply

Local authority (27)

24

1

-

2

Executive Agencies and NDPBs (13)

7

-

-

6

NHS (6)

2

4

-

-

Other statutory organisation (11)

8

-

-

3

Third sector / equality organisation (20)

5

1

1

13

Private sector organisation (18)

11

2

-

5

Representative body for third sector / equality organisations (12)

6

-

-

6

Representative body for private sector organisations (9)

6

-

-

3

Representative body for professionals (6)

5

-

-

1

Union (5)

2

2

-

1

Housing / Care (4)

3

-

1

-

Other (2)

1

-

-

1

Individuals (7)

2

-

-

5

TOTAL (140)

82

10

2

46


Q23. Should public bodies retain the discretion to decide whether or not to exclude a business which is bankrupt, or is in insolvency proceedings from bidding? Please explain your answer - in particular, if you think that public bodies should have discretion in these situations, do you think that discretion should apply in every circumstance?

Yes

No

Other

No Reply

Local authority (27)

24

1

-

2

Executive Agencies and NDPBs (13)

4

2

1

6

NHS (6)

3

3

-

-

Other statutory organisation (11)

7

-

1

3

Third sector / equality organisation (20)

4

2

-

14

Private sector organisation (18)

9

6

-

3

Representative body for third sector / equality organisations (12)

3

1

1

7

Representative body for private sector organisations (9)

2

3

1

3

Representative body for professionals (6)

3

1

1

1

Union (5)

1

2

1

1

Housing / Care (4)

4

-

-

-

Other (2)

1

-

-

1

Individuals (7)

2

-

-

5

TOTAL (140)

67

21

6

46


Q24. Should the same rules apply to EU regulated contracts and to lower value regulated contracts?

Yes

No

Other

No Reply

Local authority (27)

23

2

-

2

Executive Agencies and NDPBs (13)

6

-

1

6

NHS (6)

4

2

-

-

Other statutory organisation (11)

7

-

1

3

Third sector / equality organisation (20)

6

-

-

14

Private sector organisation (18)

12

-

1

5

Representative body for third sector / equality organisations (12)

3

2

-

7

Representative body for private sector organisations (9)

5

-

-

4

Representative body for professionals (6)

4

-

-

2

Union (5)

2

-

2

1

Housing / Care (4)

4

-

-

-

Other (2)

1

-

-

1

Individuals (7)

2

-

-

5

TOTAL (140)

79

6

5

50


Q25. Should a public body be allowed not to exclude a business with disqualifying criminal convictions, or which has breached its obligations to pay tax or social security, in exceptional circumstances?

Yes

No

Other

No Reply

Local authority (27)

18

4

3

2

Executive Agencies and NDPBs (13)

4

1

2

6

NHS (6)

1

5

-

-

Other statutory organisation (11)

6

2

1

2

Third sector / equality organisation (20)

3

2

1

14

Private sector organisation (18)

8

5

-

5

Representative body for third sector / equality organisations (12)

1

3

1

7

Representative body for private sector organisations (9)

-

3

2

4

Representative body for professionals (6)

2

1

1

2

Union (5)

-

3

1

1

Housing / Care (4)

3

1

-

-

Other (2)

1

-

-

1

Individuals (7)

1

1

-

5

TOTAL (140)

48

31

12

49


Q26. Should the same rules apply to EU regulated contracts and to lower value regulated contracts?

Yes

No

Other

No Reply

Local authority (27)

23

2

-

2

Executive Agencies and NDPBs (13)

7

-

-

6

NHS (6)

5

1

-

-

Other statutory organisation (11)

8

-

1

2

Third sector / equality organisation (20)

5

-

1

14

Private sector organisation (18)

13

-

-

5

Representative body for third sector / equality organisations (12)

4

1

-

7

Representative body for private sector organisations (9)

4

-

1

4

Representative body for professionals (6)

4

-

-

2

Union (5)

2

-

2

1

Housing / Care (4)

4

-

-

-

Other (2)

1

-

-

1

Individuals (7)

2

-

-

5

TOTAL (140)

82

4

5

49


Q27. Should the law allow public bodies the discretion to decide whether or not to exclude bidders in situations where there is evidence of a breach of environmental, social and labour law obligations, grave professional misconduct, distortion of competition, a conflict of interest, a significant failure to perform in an earlier contract, or a security risk (in the case of defence and security concessions)?

Yes

No

Other

No Reply

Local authority (27)

25

-

-

2

Executive Agencies and NDPBs (13)

7

-

-

6

NHS (6)

3

2

1

-

Other statutory organisation (11)

8

1

-

2

Third sector / equality organisation (20)

4

2

-

14

Private sector organisation (18)

13

3

-

2

Representative body for third sector / equality organisations (12)

4

-

-

8

Representative body for private sector organisations (9)

5

1

1

2

Representative body for professionals (6)

5

-

1

-

Union (5)

1

3

-

1

Housing / Care (4)

3

-

1

-

Other (2)

1

-

-

1

Individuals (7)

2

-

-

5

TOTAL (140)

81

12

4

43


Q28. Should the same rules apply to EU regulated contracts and to lower value regulated contracts?

Yes

No

Other

No Reply

Local authority (27)

25

-

-

2

Executive Agencies and NDPBs (13)

7

-

-

6

NHS (6)

5

1

-

-

Other statutory organisation (11)

8

1

-

2

Third sector / equality organisation (20)

4

-

1

15

Private sector organisation (18)

14

-

-

4

Representative body for third sector / equality organisations (12)

3

1

-

8

Representative body for private sector organisations (9)

5

-

-

4

Representative body for professionals (6)

6

-

-

-

Union (5)

2

1

1

1

Housing / Care (4)

4

-

-

-

Other (2)

1

-

-

1

Individuals (7)

2

-

-

5

TOTAL (140)

86

4

2

48


Q29. Do you agree or disagree with our proposed maximum periods of exclusion?

Agree

Disagree

Other

No Reply

Local authority (27)

22

2

1

2

Executive Agencies and NDPBs (13)

7

-

-

6

NHS (6)

6

-

-

-

Other statutory organisation (11)

9

-

1

1

Third sector / equality organisation (20)

5

1

-

14

Private sector organisation (18)

13

1

-

4

Representative body for third sector / equality organisations (12)

4

-

-

8

Representative body for private sector organisations (9)

4

1

-

4

Representative body for professionals (6)

4

-

-

2

Union (5)

2

2

-

1

Housing / Care (4)

4

-

-

-

Other (2)

1

-

-

1

Individuals (7)

2

-

-

5

TOTAL (140)

83

7

2

48


Q30. Should the same rules apply to EU regulated contracts and to lower value regulated contracts?

Yes

No

Other

No Reply

Local authority (27)

24

-

-

3

Executive Agencies and NDPBs (13)

7

-

-

6

NHS (6)

6

-

-

-

Other statutory organisation (11)

10

-

-

1

Third sector / equality organisation (20)

4

1

-

15

Private sector organisation (18)

14

-

-

4

Representative body for third sector / equality organisations (12)

4

-

-

8

Representative body for private sector organisations (9)

5

-

-

4

Representative body for professionals (6)

4

-

-

2

Union (5)

3

1

-

1

Housing / Care (4)

4

-

-

-

Other (2)

1

-

-

1

Individuals (7)

2

-

-

5

TOTAL (140)

88

2

-

50


Q31. Should public bodies be required to check that sub-contractors do not fail any of the exclusion criteria?

Yes

No

Other

No Reply

Local authority (27)

2

23

-

2

Executive Agencies and NDPBs (13)

-

7

-

6

NHS (6)

-

6

-

-

Other statutory organisation (11)

1

7

1

2

Third sector / equality organisation (20)

3

3

-

14

Private sector organisation (18)

6

8

-

4

Representative body for third sector / equality organisations (12)

1

4

-

7

Representative body for private sector organisations (9)

3

4

-

2

Representative body for professionals (6)

2

3

-

1

Union (5)

4

-

-

1

Housing / Care (4)

-

4

-

-

Other (2)

-

1

-

1

Individuals (7)

1

1

-

5

TOTAL (140)

23

71

1

45


Q33. We expect to apply only limited rules to contracts for social and other specific services to the person. These will require compliance with the basic Treaty Principles and publication of contract opportunity and award notices as described in this section. Do you agree or disagree that these rules will be sufficient for an effective light-touch regime?

Agree

Disagree

Other

No Reply

Local authority (27)

23

2

-

2

Executive Agencies and NDPBs (13)

4

-

-

9

NHS (6)

6

-

-

-

Other statutory organisation (11)

7

-

1

3

Third sector / equality organisation (20)

3

-

2

15

Private sector organisation (18)

7

1

-

10

Representative body for third sector / equality organisations (12)

4

1

2

5

Representative body for private sector organisations (9)

1

-

-

8

Representative body for professionals (6)

2

-

1

3

Union (5)

1

1

2

1

Housing / Care (4)

3

-

-

1

Other (2)

-

-

-

2

Individuals (7)

1

-

-

6

TOTAL (140)

62

5

8

65


Q34. We believe that contracts should not be awarded on the basis of price or cost alone? Do you agree or disagree with this position?

Agree

Disagree

Other

No Reply

Local authority (27)

21

3

1

2

Executive Agencies and NDPBs (13)

6

-

-

7

NHS (6)

6

-

-

-

Other statutory organisation (11)

7

1

-

3

Third sector / equality organisation (20)

5

-

-

15

Private sector organisation (18)

7

1

-

10

Representative body for third sector / equality organisations (12)

8

-

1

3

Representative body for private sector organisations (9)

1

-

-

8

Representative body for professionals (6)

4

1

-

1

Union (5)

4

-

-

1

Housing / Care (4)

3

-

-

1

Other (2)

1

-

-

1

Individuals (7)

1

-

-

6

TOTAL (140)

74

6

2

58


Q36. Should provision be made for the use of a Prior Information Notice by non-central authorities (where they choose) as the call for competition in restricted procedures and competitive procedure with negotiation?

Agree

Disagree

Other

No Reply

Local authority (27)

21

4

-

2

Executive Agencies and NDPBs (13)

7

-

-

6

NHS (6)

6

-

-

-

Other statutory organisation (11)

8

-

-

3

Third sector / equality organisation (20)

2

-

-

18

Private sector organisation (18)

8

3

-

7

Representative body for third sector / equality organisations (12)

4

-

1

7

Representative body for private sector organisations (9)

5

-

-

4

Representative body for professionals (6)

3

1

-

2

Union (5)

-

-

5

Housing / Care (4)

4

-

-

-

Other (2)

-

1

1

Individuals (7)

2

-

-

5

TOTAL (140)

70

8

2

60


Q37. Do you agree or disagree that this provision should also apply to lower value regulated contracts, that is, those that are below European regulated thresholds and are regulated by the Act?

Agree

Disagree

Other

No Reply

Local authority (27)

21

4

-

2

Executive Agencies and NDPBs (13)

2

5

-

6

NHS (6)

6

-

-

-

Other statutory organisation (11)

7

-

1

3

Third sector / equality organisation (20)

2

-

-

18

Private sector organisation (18)

8

3

-

7

Representative body for third sector / equality organisations (12)

3

2

-

7

Representative body for private sector organisations (9)

5

-

-

4

Representative body for professionals (6)

3

1

-

2

Union (5)

-

-

-

5

Housing / Care (4)

4

-

-

-

Other (2)

-

-

-

2

Individuals (7)

2

-

-

5

TOTAL (140)

63

15

1

61


Q38. Do you agree or disagree that public bodies should be permitted to award a contract without competition in the circumstances permitted by the Directives?

Agree

Disagree

Other

No Reply

Local authority (27)

24

1

-

2

Executive Agencies and NDPBs (13)

7

-

-

6

NHS (6)

5

-

1

-

Other statutory organisation (11)

8

-

-

3

Third sector / equality organisation (20)

2

-

1

17

Private sector organisation (18)

13

-

-

5

Representative body for third sector / equality organisations (12)

4

-

1

7

Representative body for private sector organisations (9)

5

-

-

4

Representative body for professionals (6)

5

-

-

1

Union (5)

2

-

-

3

Housing / Care (4)

4

-

-

-

Other (2)

1

-

1

-

Individuals (7)

2

-

-

5

TOTAL (140)

82

1

4

53


Q39. Do you agree or disagree that public bodies should also be permitted to award lower value regulated contracts in similar situations?

Agree

Disagree

Other

No Reply

Local authority (27)

24

1

-

2

Executive Agencies and NDPBs (13)

7

-

-

6

NHS (6)

6

-

-

-

Other statutory organisation (11)

8

-

-

3

Third sector / equality organisation (20)

2

-

-

18

Private sector organisation (18)

11

1

-

6

Representative body for third sector / equality organisations (12)

4

-

-

8

Representative body for private sector organisations (9)

4

-

-

5

Representative body for professionals (6)

5

-

-

1

Union (5)

1

-

-

4

Housing / Care (4)

4

-

-

-

Other (2)

1

-

1

-

Individuals (7)

2

-

-

5

TOTAL (140)

79

2

1

58


Q40. Do you agree or disagree that all non-central authorities using the restricted procedure should be able to set the time limit for the receipt of tenders by agreement with candidates?

Agree

Disagree

Other

No Reply

Local authority (27)

24

1

-

2

Executive Agencies and NDPBs (13)

7

-

-

6

NHS (6)

4

2

-

-

Other statutory organisation (11)

8

-

-

3

Third sector / equality organisation (20)

5

-

-

17

Private sector organisation (18)

10

2

1

5

Representative body for third sector / equality organisations (12)

4

-

-

8

Representative body for private sector organisations (9)

4

-

-

5

Representative body for professionals (6)

4

-

-

2

Union (5)

-

-

-

5

Housing / Care (4)

4

-

-

-

Other (2)

1

-

-

1

Individuals (7)

2

-

-

5

TOTAL (140)

75

5

1

59


Q41. When using the open procedure, should public bodies retain the flexibility to determine whether to evaluate bids before evaluating qualification and exclusion criteria?

Yes

No

Other

No Reply

Local authority (27)

21

4

-

2

Executive Agencies and NDPBs (13)

7

-

-

6

NHS (6)

6

-

-

-

Other statutory organisation (11)

7

-

-

4

Third sector / equality organisation (20)

2

1

-

17

Private sector organisation (18)

10

2

-

6

Representative body for third sector / equality organisations (12)

3

-

-

9

Representative body for private sector organisations (9)

3

2

-

4

Representative body for professionals (6)

5

-

-

1

Union (5)

-

-

-

5

Housing / Care (4)

4

-

-

-

Other (2)

1

-

-

1

Individuals (7)

2

-

-

5

TOTAL (140)

71

9

-

60


Q42. Should public bodies be allowed to ask for supplementary or missing information and to ask a company to provide clarification of their bid?

Yes

No

Other

No Reply

Local authority (27)

25

-

-

2

Executive Agencies and NDPBs (13)

7

-

-

6

NHS (6)

6

-

-

-

Other statutory organisation (11)

7

-

-

4

Third sector / equality organisation (20)

4

-

-

16

Private sector organisation (18)

13

-

-

5

Representative body for third sector / equality organisations (12)

5

-

-

7

Representative body for private sector organisations (9)

6

-

-

3

Representative body for professionals (6)

5

-

-

1

Union (5)

1

-

-

4

Housing / Care (4)

4

-

-

-

Other (2)

1

-

-

1

Individuals (7)

3

-

-

4

TOTAL (140)

87

-

-

53


Q43. Do you agree or disagree that the rules in the Directives about modifying contracts should not apply to contracts under the Act?

Agree

Disagree

Other

No Reply

Local authority (27)

11

14

-

2

Executive Agencies and NDPBs (13)

6

1

-

6

NHS (6)

4

2

-

-

Other statutory organisation (11)

7

1

-

3

Third sector / equality organisation (20)

2

1

-

17

Private sector organisation (18)

7

5

-

6

Representative body for third sector / equality organisations (12)

3

3

-

6

Representative body for private sector organisations (9)

-

3

1

5

Representative body for professionals (6)

2

2

1

1

Union (5)

-

-

-

5

Housing / Care (4)

3

1

-

-

Other (2)

1

-

-

1

Individuals (7)

1

1

-

5

TOTAL (140)

47

34

2

57


Q44. We believe we should continue to progress the work plan from the Construction Review report, rather than requiring the use of BIM or similar in works contracts and design contests. Do you agree or disagree?

Agree

Disagree

Other

No Reply

Local authority (27)

25

-

-

2

Executive Agencies and NDPBs (13)

5

-

-

8

NHS (6)

6

-

-

-

Other statutory organisation (11)

8

-

-

3

Third sector / equality organisation (20)

2

-

-

18

Private sector organisation (18)

8

2

1

7

Representative body for third sector / equality organisations (12)

4

-

-

8

Representative body for private sector organisations (9)

5

-

-

4

Representative body for professionals (6)

4

-

-

2

Union (5)

-

-

-

5

Housing / Care (4)

4

-

-

-

Other (2)

1

-

-

1

Individuals (7)

1

-

-

6

TOTAL (140)

73

2

1

64


Q45 Do you agree or disagree that we should establish an overall confidentiality and security framework which individual public bodies would use to inform their own approach to the security handling of electronic communication?

Agree

Disagree

Other

No Reply

Local authority (27)

23

1

-

3

Executive Agencies and NDPBs (13)

7

-

-

6

NHS (6)

5

1

-

-

Other statutory organisation (11)

7

1

-

3

Third sector / equality organisation (20)

2

-

-

18

Private sector organisation (18)

12

-

-

6

Representative body for third sector / equality organisations (12)

2

-

2

8

Representative body for private sector organisations (9)

4

-

-

5

Representative body for professionals (6)

4

-

-

2

Union (5)

-

-

-

5

Housing / Care (4)

3

1

-

-

Other (2)

1

-

-

1

Individuals (7)

1

-

1

5

TOTAL (140)

71

4

3

62


Q46. Do you agree or disagree that we should maximise the time available to implement fully electronic procurement processes and defer the requirement for full electronic communication for the maximum permissible time?

Agree

Disagree

Other

No Reply

Local authority (27)

23

2

-

2

Executive Agencies and NDPBs (13)

7

-

-

6

NHS (6)

4

1

-

1

Other statutory organisation (11)

7

-

1

3

Third sector / equality organisation (20)

3

-

-

17

Private sector organisation (18)

8

4

-

6

Representative body for third sector / equality organisations (12)

4

-

-

8

Representative body for private sector organisations (9)

3

1

1

4

Representative body for professionals (6)

4

-

-

2

Union (5)

-

-

-

5

Housing / Care (4)

3

-

-

1

Other (2)

1

-

-

1

Individuals (7)

2

-

-

5

TOTAL (140)

69

8

2

61


Q47. Do you agree or disagree that all communications about concession contracts in a procurement exercise should be by electronic means?

Agree

Disagree

Other

No Reply

Local authority (27)

20

5

-

2

Executive Agencies and NDPBs (13)

5

1

-

7

NHS (6)

5

-

-

1

Other statutory organisation (11)

6

-

-

5

Third sector / equality organisation (20)

1

1

-

18

Private sector organisation (18)

7

-

-

11

Representative body for third sector / equality organisations (12)

3

-

-

9

Representative body for private sector organisations (9)

4

-

-

5

Representative body for professionals (6)

3

-

-

3

Union (5)

-

-

-

5

Housing / Care (4)

2

1

-

1

Other (2)

1

-

-

1

Individuals (7)

2

-

-

5

TOTAL (140)

59

8

-

73


Q48. Do you think that public bodies should retain the flexibility to decide when the use of electronic catalogues is appropriate?

Yes

No

Other

No Reply

Local authority (27)

25

-

-

2

Executive Agencies and NDPBs (13)

6

1

-

6

NHS (6)

6

-

-

Other statutory organisation (11)

8

-

-

3

Third sector / equality organisation (20)

3

1

-

16

Private sector organisation (18)

6

1

-

11

Representative body for third sector / equality organisations (12)

4

-

-

8

Representative body for private sector organisations (9)

2

-

-

7

Representative body for professionals (6)

2

-

-

4

Union (5)

-

-

-

5

Housing / Care (4)

4

-

-

Other (2)

-

-

-

2

Individuals (7)

2

-

-

5

TOTAL (140)

68

3

-

69


Q49. Do you agree or disagree that we should defer the requirement to provide the European Single Procurement Document in electronic form only until 18 April 2018?

Agree

Disagree

Other

No Reply

Local authority (27)

24

1

-

2

Executive Agencies and NDPBs (13)

7

-

-

6

NHS (6)

4

1

-

1

Other statutory organisation (11)

8

-

-

3

Third sector / equality organisation (20)

1

1

-

18

Private sector organisation (18)

6

6

-

6

Representative body for third sector / equality organisations (12)

4

-

-

8

Representative body for private sector organisations (9)

2

2

-

5

Representative body for professionals (6)

2

2

1

1

Union (5)

-

-

-

5

Housing / Care (4)

3

1

-

-

Other (2)

2

-

-

-

Individuals (7)

2

-

-

5

TOTAL (140)

65

14

1

60


Q50. Do you agree or disagree that we should defer until 18 October 2018 the provision that says businesses should not have to submit supporting documents where the public body awarding the contract holds these?

Agree

Disagree

Other

No Reply

Local authority (27)

20

6

-

1

Executive Agencies and NDPBs (13)

6

1

-

6

NHS (6)

4

1

-

1

Other statutory organisation (11)

8

-

-

3

Third sector / equality organisation (20)

2

1

-

17

Private sector organisation (18)

6

6

-

6

Representative body for third sector / equality organisations (12)

3

1

-

8

Representative body for private sector organisations (9)

2

3

-

4

Representative body for professionals (6)

3

2

1

-

Union (5)

-

-

-

5

Housing / Care (4)

4

-

-

-

Other (2)

1

-

-

1

Individuals (7)

2

-

-

5

TOTAL (140)

61

21

1

57


Q51. Do you agree or disagree that we should defer the obligation on public bodies to use e-Certis until October 2018?

Agree

Disagree

Other

No Reply

Local authority (27)

25

-

-

2

Executive Agencies and NDPBs (13)

7

-

-

6

NHS (6)

4

1

1

-

Other statutory organisation (11)

8

-

-

3

Third sector / equality organisation (20)

3

-

-

17

Private sector organisation (18)

10

-

-

8

Representative body for third sector / equality organisations (12)

4

-

-

8

Representative body for private sector organisations (9)

3

1

-

5

Representative body for professionals (6)

4

1

-

1

Union (5)

-

-

-

5

Housing / Care (4)

4

-

-

-

Other (2)

1

-

1

-

Individuals (7)

2

-

-

5

TOTAL (140)

75

3

2

60


Q52. Do you agree or disagree that we adopt this option for utilities contracts?

Agree

Disagree

Other

No Reply

Local authority (27)

21

-

-

6

Executive Agencies and NDPBs (13)

3

1

-

9

NHS (6)

5

-

-

1

Other statutory organisation (11)

2

-

3

6

Third sector / equality organisation (20)

1

-

-

19

Private sector organisation (18)

8

2

-

8

Representative body for third sector / equality organisations (12)

4

-

-

8

Representative body for private sector organisations (9)

4

-

-

5

Representative body for professionals (6)

4

-

-

2

Union (5)

-

-

-

5

Housing / Care (4)

3

-

-

1

Other (2)

-

-

-

2

Individuals (7)

1

-

1

5

TOTAL (140)

56

3

4

77


Q53. Do you think that dynamic purchasing systems should be available as a tool for purchasers in respect of regulated procurements?

Yes

No

Other

No Reply

Local authority (27)

22

1

1

3

Executive Agencies and NDPBs (13)

7

-

-

6

NHS (6)

5

-

-

1

Other statutory organisation (11)

8

-

-

3

Third sector / equality organisation (20)

3

-

-

17

Private sector organisation (18)

9

-

-

9

Representative body for third sector / equality organisations (12)

5

-

-

7

Representative body for private sector organisations (9)

1

-

-

8

Representative body for professionals (6)

4

-

-

2

Union (5)

-

-

-

5

Housing / Care (4)

4

-

-

-

Other (2)

1

-

-

1

Individuals (7)

2

-

-

5

TOTAL (140)

71

1

1

67


Q54. Do you think that the same rules which apply in Article 34 of the Public Procurement Directive should be extended to lower value regulated procurements under the Act?

Yes

No

Other

No Reply

Local authority (27)

21

3

-

3

Executive Agencies and NDPBs (13)

7

-

-

6

NHS (6)

6

-

-

-

Other statutory organisation (11)

8

-

-

3

Third sector / equality organisation (20)

3

-

-

17

Private sector organisation (18)

7

2

-

9

Representative body for third sector / equality organisations (12)

3

-

-

9

Representative body for private sector organisations (9)

1

-

-

8

Representative body for professionals (6)

3

1

-

2

Union (5)

-

-

-

5

Housing / Care (4)

4

-

-

-

Other (2)

1

-

-

1

Individuals (7)

2

-

-

5

TOTAL (140)

66

6

-

68


Q55. Do you agree or disagree that we should continue to allow public bodies in Scotland to use central purchasing bodies as described in this section?

Agree

Disagree

Other

No Reply

Local authority (27)

25

-

-

2

Executive Agencies and NDPBs (13)

7

-

-

6

NHS (6)

6

-

-

Other statutory organisation (11)

8

-

-

3

Third sector / equality organisation (20)

4

-

-

16

Private sector organisation (18)

12

1

-

5

Representative body for third sector / equality organisations (12)

5

-

-

7

Representative body for private sector organisations (9)

6

-

-

3

Representative body for professionals (6)

3

-

-

3

Union (5)

-

-

-

5

Housing / Care (4)

4

-

-

Other (2)

1

-

-

1

Individuals (7)

3

-

-

4

TOTAL (140)

84

1

-

55


Q56. Do you agree or disagree that we should not require the use of central purchasing bodies for particular types of procurement, thereby allowing public bodies to exercise discretion as to when, and which, central purchasing body to use?

Agree

Disagree

Other

No Reply

Local authority (27)

25

-

-

2

Executive Agencies and NDPBs (13)

7

-

-

6

NHS (6)

5

1

-

-

Other statutory organisation (11)

8

-

-

3

Third sector / equality organisation (20)

3

1

-

16

Private sector organisation (18)

11

2

-

5

Representative body for third sector / equality organisations (12)

6

-

-

6

Representative body for private sector organisations (9)

4

1

-

4

Representative body for professionals (6)

2

1

-

3

Union (5)

-

-

-

5

Housing / Care (4)

4

-

-

-

Other (2)

2

-

-

-

Individuals (7)

3

-

-

4

TOTAL (140)

80

6

-

54


Q57. Do you agree or disagree that we should not restrict access by Scottish public bodies to European centralised purchasing activities?

Agree

Disagree

Other

No Reply

Local authority (27)

23

2

-

2

Executive Agencies and NDPBs (13)

7

-

-

6

NHS (6)

6

-

-

-

Other statutory organisation (11)

8

-

-

3

Third sector / equality organisation (20)

2

-

-

18

Private sector organisation (18)

6

4

-

8

Representative body for third sector / equality organisations (12)

4

-

-

8

Representative body for private sector organisations (9)

2

2

-

5

Representative body for professionals (6)

2

1

-

3

Union (5)

-

-

-

5

Housing / Care (4)

4

-

-

-

Other (2)

-

-

-

2

Individuals (7)

2

-

-

5

TOTAL (140)

66

9

-

65


Q58. Do you agree or disagree that the monitoring and enforcement body for Scotland should be the Scottish Ministers, acting through the existing Single Point of Enquiry?

Agree

Disagree

Other

No Reply

Local authority (27)

23

3

-

1

Executive Agencies and NDPBs (13)

6

1

-

6

NHS (6)

6

-

-

-

Other statutory organisation (11)

4

4

-

3

Third sector / equality organisation (20)

3

1

-

16

Private sector organisation (18)

9

3

-

6

Representative body for third sector / equality organisations (12)

5

1

1

5

Representative body for private sector organisations (9)

3

2

1

3

Representative body for professionals (6)

-

2

2

2

Union (5)

2

-

-

3

Housing / Care (4)

3

1

-

-

Other (2)

2

-

-

-

Individuals (7)

3

-

-

4

TOTAL (140)

69

18

4

49


Q59. Do you agree or disagree that we should simply copy the provisions on applications to the court from the existing 2012 Regulations?

Agree

Disagree

Other

No Reply

Local authority (27)

17

8

-

2

Executive Agencies and NDPBs (13)

4

2

-

7

NHS (6)

4

1

-

1

Other statutory organisation (11)

3

4

-

4

Third sector / equality organisation (20)

2

1

1

16

Private sector organisation (18)

4

6

-

8

Representative body for third sector / equality organisations (12)

2

-

2

8

Representative body for private sector organisations (9)

1

1

4

3

Representative body for professionals (6)

2

1

-

3

Union (5)

-

-

-

5

Housing / Care (4)

2

1

-

1

Other (2)

-

-

-

2

Individuals (7)

2

-

-

5

TOTAL (140)

43

25

7

65


Q60. Do you think there is a need for a review body which sits beneath the national courts?

Yes

No

Other

No Reply

Local authority (27)

11

13

1

2

Executive Agencies and NDPBs (13)

5

2

-

6

NHS (6)

1

4

-

1

Other statutory organisation (11)

4

3

-

4

Third sector / equality organisation (20)

5

-

-

15

Private sector organisation (18)

10

-

-

8

Representative body for third sector / equality organisations (12)

3

-

2

7

Representative body for private sector organisations (9)

3

1

1

4

Representative body for professionals (6)

2

1

-

3

Union (5)

1

-

-

4

Housing / Care (4)

2

1

1

-

Other (2)

2

-

-

-

Individuals (7)

1

1

-

5

TOTAL (140)

50

26

5

59


Q61. If so, do you think the review body should be established as a tribunal within the Scottish tribunals system?

Yes

No

Other

No Reply

Local authority (27)

13

8

1

5

Executive Agencies and NDPBs (13)

3

2

1

7

NHS (6)

1

4

-

1

Other statutory organisation (11)

3

1

1

6

Third sector / equality organisation (20)

3

1

-

16

Private sector organisation (18)

5

5

-

8

Representative body for third sector / equality organisations (12)

2

1

2

7

Representative body for private sector organisations (9)

1

3

1

4

Representative body for professionals (6)

2

1

-

3

Union (5)

1

-

-

4

Housing / Care (4)

-

2

1

1

Other (2)

-

-

1

1

Individuals (7)

1

1

-

5

TOTAL (140)

35

29

8

68


Q62. Or do you think it should take some other form, for example, a Scottish Procurement Ombudsman?

Yes

No

Other

No Reply

Local authority (27)

1

21

1

4

Executive Agencies and NDPBs (13)

1

4

2

6

NHS (6)

-

5

-

1

Other statutory organisation (11)

1

5

-

5

Third sector / equality organisation (20)

1

2

-

17

Private sector organisation (18)

6

3

1

8

Representative body for third sector / equality organisations (12)

2

1

2

7

Representative body for private sector organisations (9)

2

2

1

4

Representative body for professionals (6)

-

3

-

3

Union (5)

-

-

-

5

Housing / Care (4)

3

1

-

-

Other (2)

1

-

1

-

Individuals (7)

-

2

-

5

TOTAL (140)

18

49

8

65


Contact

Email: Graeme Beale

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