In designing contracts where training and skills development requirements are to be built in, early market engagement is important to identify the capacity of the market to deliver these. This also ensures that potential bidders are made aware early on that this will form part of the contract requirements. For example:
‘The contract/framework agreement supports the Scottish Government's National Performance Framework, and the National Outcomes which articulate the Government's Purpose to focus on creating a more successful country with opportunities for all of Scotland to flourish through increased wellbeing, and sustainable and inclusive economic growth. This framework supports the following National Outcomes, and contractors are expected to support the authority’s aim to achieve these. [Insert relevant National Outcomes].’
Where a contract includes community benefit requirements, this should be indicated in the call for competition. Below is an example of wording that can be used for this purpose. At a minimum, the contracting authority should state:
‘Community benefits are included in this requirement. A summary of the expected community benefits have been provided as follows: [insert text].’
Typical community benefit requirements that may be included here are listed in Annex A.1. of the Statutory Guidance under the Procurement Reform (Scotland) Act 2014.
Other wording includes:
‘In accordance with Regulation 19 of the Public Contracts (Scotland) Regulations 2015 and section 8(2) of the Procurement Reform (Scotland) Act 2014, social considerations shall form part of the procurement process with the successful contractor, through its delivery of the contract, supporting delivery by the Contracting Authority of social considerations core to its purposes, policies and activities.’
‘Under this [procurement/framework] the contractor will be required to support the authority's economic and social regeneration objectives. Accordingly, contract performance conditions may relate in particular to social and environmental considerations.’
‘Under this [project/contract/programme] the contractor and its supply chain will be required to actively participate in the achievement of social objectives relating to participation in skills development, employment and training programmes in accordance with the [client]'s Employment and Skills Strategy, which can be found at [insert web address] and other added value contributions by the contractor and its supply chain in order to support community programmes promoted by [client]. Accordingly the contract performance conditions may relate in particular to secondary considerations.’
In any instance, the Invitation to Tender (ITT) may further explain why the requirement is part of the contracting authorities’ purposes, policies and activities.
