Annex – Example Procurement Clauses and KPIs
Pre-contract notification
‘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].’
‘The Contracting Authority has included obligations within the specification and contract conditions relating to further requirements to achieve health and safety outcomes which are relevant to the services to be delivered.’
Further, it is good practice to notify suppliers early in the process of particular conditions of the contract and as such this should also be included in the Contract Notice. For example:
‘A safety method statement is required and will need to describe in a logical sequence exactly how the contract will be performed in a safe manner and without risks to health. It must include all the risks identified in the risk assessment and the measures needed to control those risks.’
‘Evidence must be provided to demonstrate that any subcontractors used within the contract will be assessed by the contractor with regard to their competence in identifying and mitigating health and safety risks.’
‘In furtherance of this contract the contractor will be required to evidence that all his employees working on the authority’s premises are trained in the safe operation of the relevant equipment.’
Supplier selection
It may also be appropriate to ask bidders to provide details of what training employees are already being provided with. To assess this, the following statement can be included in the contract notice:
‘In answering question 4C.6 of the SPD, please [also] list any health and safety qualification, certificates, etc. held by the bidder and/or the service providers.
Depending on the degree of competence required for the work, it may be appropriate to request more detailed information about a bidder’s previous experience of health and safety measures. This would for example be in instances where the contracting opportunity involves significant levels of risk, including heavy machinery or hazardous substances. In such instances, the following statement could be included in the contract notice:
‘In answering question 4C.1, please [also] describe your experience of your recent health and safety performance over the last [3 or 5 years, depending on type of contract], including numbers of accidents and cases of ill health have you had and any action the HSE has taken against you.’
Specification
To highlight the requirement to meet health and safety criteria the following wording could be included in a specification:
‘In furtherance of the Scottish Government’s objective to realise Scotland’s full economic potential with more and better employment opportunities for our people, the contractor will be required to provide a risk assessment for the contracted services, including what resources will be allocated to manage the risks identified.’
‘In the carrying out of this contract, the contractor will be required to [complete monthly risk assessment forms /provide evidence of insurance/of training provided].’
Award
Where the health and safety is relevant and proportionate the following questions may be helpful:
‘What arrangements will you put in place to make sure that all risks to health and safety are identified and managed?’
‘What arrangements will you have for managing the work? For example, who will be responsible, how will the work be supervised, what checks do you make on equipment and materials, and so on?’
‘How will you improve the health and safety of your employees, the authority’s staff and the public who will reasonably be in the vicinity of the works operation?
‘Please identify any health risks, such as high levels of noise or exposure to harmful substances and describe how these will be managed’
‘Please describe what health improvements you intend to make during the performance of this contract through changes to equipment, products or working methods.’
‘Please describe how health and safety risks will be reduced in the handling of the products, including any chemicals or hazardous substances required.’
‘The organisation specifically wishes to support the improvement of the health and safety of its employees and contractors, please describe how you will contribute to this aim including reducing the risks within this contract.‘
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