Any contracting authority which is required by the Procurement Reform (Scotland) Act 2014 to produce and publish an annual procurement report must include information on how its procurement complied with the organisation’s procurement strategy.
Authorities that have an annual regulated procurement spend of £5 million or above, will need to consider how they will monitor contracts that include user enhancement requirements for the purposes of the organisation’s annual report.
Contractual requirement must be quantifiable and measureable; otherwise there is a risk that it may be unenforceable. The buyer must also consider whether this requirement is core to the contract or a secondary issue, as any remedy for breach of performance may be difficult to quantify.
At the point of potential award there is always scope to reach a voluntary agreement with the supplier that they will work with you to deliver identified (and agreed) sustainable outcomes that can be captured as a contract commitment. Ongoing improvement and innovation can also be built into the management of the contract to further develop the products and services required.
