1. SCOTTISH PROCUREMENT Public Procurement: key developments in care and support CCPS Membership meeting 13 March 2014 Susan Duncan

2. Scottish Procurement Lets look at …… Guidance and new legislation Opportunities and connections Next steps

3. Scottish Procurement Guidance and new legislation Procurement Reform (Scotland) Bill _____________

4. Scottish Procurement

5. Concerns - conduct and outcome lack of consultation Impact on quality Impact on users PEOPLE & CARERS Guidance on the Procurement of Care and Support Services

6. Guiding principles positive outcomes for users and deliver personalised services involve service users and carers Promote collaboration within context of strategic commissioning Staff follow care standards and employers provide training and development opportunities Achieve Best Value and incorporate benefit and risk analysis Have strong leadership at senior level and need a skilled and competent workforce Comply with procurement rules and meet National Care Standards Guidance on the Procurement of Care and Support Services

7. Scottish Procurement

8. Transposition by April 2016 Optional elements – consultation Key changes –Self-declaration –More lotting of contracts –Mandatory electronic tendering –Shortened timescales –Focus on social and environmental issues New Procurement Directives

9. The Directives and health and social care procurement Lighter-regime, above €750,000 only –New rules for –Can ban lowest price –Focus on quality issues New Procurement Directives

10. Scottish Procurement Procurement Reform (Scotland) Bill _____________

11. AIM “To establish a national legislative framework for sustainable public procurement that supports Scotland's economic growth by delivering social and environmental benefits including community benefits, supporting innovation and promoting public procurement processes and systems which are transparent, streamlined, standardised, proportionate, fair and business-friendly.” Procurement Reform (Scotland) Bill

12. Content of the Bill – as introduced to Parliament THRESHOLDSTHRESHOLDS DutiesProposed Measures 1.Treat relevant economic operators equally and without discrimination and act in a transparent and proportionate manner 2.Comply with the sustainable procurement duty 1. Procurement strategy and report against the strategy annually 2. Contracts Register 3. Consider Community Benefits – for all major contracts 4. Supported Business access to lower value reserved contracts 5. Regulations about the use of technical specs 6. Prohibit charging for participation in procurement process 7. Use a standard PQQ 8. Publish advert and award notices 9. Exclusion of bidders 10. Climate Change (Scotland) Act 2009 11. Debriefing of unsuccessful bidders REMEDIES Procurement Reform (Scotland) Bill

13. Impact on health and social care services? Procurement Reform (Scotland) Bill Focus on commissioning and strategic approach Need to consider impact of procurement decisions Quality of outcomes matter Stage 2 - amendments For health and social care contracts Can awarded contracts without seeking offers Publish guidance

14. Public Procurement: key developments in care and support Commissioning and strategic procurement Focus on impact and outcomes Quality and principles matter Ongoing engagement

15. Our next steps Support the Procurement Reform Bill though the Parliamentary process (Stages 2, & 3) Transpose the new Directives & implement Bill Statutory guidance / capability wider public procurement reform programme

16. Thank you Any questions ??