What is Public Procurement
Public procurement is the process by which public bodies acquire goods, services and works from third parties to meet customer and service user needs. Procurement covers all activities from identification of a requirement through to the end of the useful life or disposal of an asset. The council procures a diverse range of supplies, services and works. For example, stationery, electricity and even the construction of a new school. As a Public Body the council has to follow the EU Procurement Directives (2004/18/EC) and the Public Contracts (Scotland) Regulations 2006. Procurement Rules are intended to promote open and fair competition within a single European market. This is achieved through five EU Treaty principles that apply to all contracts irrespective of contract value: 1. Equal treatment – ensuring everyone has the same chance to win the contract irrespective of nationality or whether you have past experience of working with the council. 2. Transparency – stating requirements upfront and sticking to them. 3. Proportionality – setting requirements with reference to the needs of the contract in question. 4. Mutual Recognition – giving equal validity to qualifications and standards from all Member States, where appropriate. 5. Confidentiality – respecting the confidentiality of any information received regarding tenders and tenderers.* *The council has to comply with the Freedom of Information (Scotland) Act 2002 and there is a general right to access information about all public contracts and procurement activity held by Public Bodies, subject to certain conditions and exceptions. If the council is requested to release information which may be regarded as confidential or commercially sensitive a “public interest” test would be applied. Information can be exempt, if its disclosure would prejudice substantially, or be likely to prejudice substantially, the effective conduct of public affairs.
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