Input from other areas of the organisation such as staff surveys, independent reports, User Intelligence Groups, suppliers, industry bodies and trade unions will be key in helping to shape the procurement strategy and establish how Fair Work First can be addressed in the procurement.
The procurement strategy should demonstrate how the procurement will contribute to wider organisational aims including contributing to national and local outcomes through compliance with the Sustainable Procurement Duty and promoting Fair Work First as set out in the organisational procurement strategy. The Fair Work First requirements of each procurement strategy should reflect the organisation’s aims and should align with the organisation’s procurement strategy.
The procurement strategy should also take account of the nature of the market, including the likelihood of sub-contractors being used and the size and status of potential bidders.
When establishing a framework agreement, a public body should consider whether it is relevant and proportionate to include a question on Fair Work First and a question on payment of at least the real Living Wage.
While mini-competitions must generally be based on the same terms as those which were applied for the award of the framework, Regulation 34(10) of the Public Contracts (Scotland) Regulation (PC(S)R) 2015, allows, where necessary, for the criteria to be more precisely formulated. For example, if the framework agreement includes award criteria to tackle “sustainability”, it is possible to include more precisely formulated criteria under this broader heading to address Fair Work First.
To promote benefits achieved at a framework level, it is helpful to describe them and the scope of their application in relevant Buyer Guides.
Where relevant and proportionate, before using a framework, a public body should establish if Fair Work First has been addressed through the procurement process, and if not specifically, then the contracting authority must establish whether the terms of the framework would enable Fair Work First to be included or refined in call-off contracts. This ensures that it can target Fair Work First criteria relevant to its requirement.
A contracting authority should consider whether a framework aligns with wider organisational aims and local outcomes. It is a matter for a public body’s discretion whether it decides that it is appropriate to use a framework that does not include Fair Work First requirements or enable Fair Work First criteria to be included or refined in subsequent call-off contracts.
It is good practice to notify bidders of any particular contract performance requirements or essential award criteria early in the process, including the intended approach to addressing Fair Work First. This can be done by publishing a Prior Information Notice in advance of the contract notice. This makes potential bidders aware that this will form part of the contract requirements from the outset, enabling them to take a view on whether they can satisfy the requirements.
This could include highlight the public body’s policy on Fair Work First, or to sign-post bidders to relevant sources of advice and support, such as the Fair Work First guidance, or the Living Wage Foundation website. Annex E includes model wording that may be used for this purpose.
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