The clauses and Key Performance Indicators (KPIs) within this Annex should be read in conjunction with the Commissioning and Pre-procurement, and Procurement guidance.
These can be included in the Additional Information section of the Contract Notice or Prior Information Notice. For example:
The Contract / Framework Agreement supports Scotland's National Performance Framework, and the National Outcomes which articulate its Purpose: To focus on creating a more successful country with opportunities for all of Scotland to flourish, through increasing wellbeing, and sustainable and inclusive economic growth. This Framework supports the following National Outcome/s, and Contractors are expected to support the Authority's aim to achieve these:
Any contractor or sub-contractor performing security industry services under a Scottish Government contract will be required to be registered with the SIA Approved Contractors Scheme for the category of security service being provided / performed under the contract.
Police Scotland has identified a number of business areas which have a high risk of infiltration by serious organised crime groups. [Transport / taxi / waste management contracts [for example - delete as appropriate]] belongs to one such area and as such the authority reserves the right to include enhanced probity checks prior to any contract award, including sharing tenderer information with Police Scotland.
The Contracting Authority has included obligations within the specification and contract conditions relating to minimising the risks of serious organised crime (SOC) which are relevant to the services to be delivered.
The contracting authority expects those it contracts with to adopt ethical business practice and to ensure transparency in their supply chains. Criteria will be included to ensure that bidders support these principles in practice.
Please note there are minimum requirements concerning Cyber Security for this contract to which a pass/fail marking will attach. Tenderers will be required to complete an online Supplier Assurance Questionnaire using the Cyber Security Procurement Support Tool.
The questionnaire will be aligned to a Cyber Risk Profile that has been established for the contract, based on the Contracting Authority's assessment of cyber risk.
[Note: For this contract, minimum requirements also include the holding of certification/accreditation].
Further details will be set out in the procurement documents. A contract condition for this procurement requires the Tenderer to comply with the minimum security requirements.
More information can be provided about specific exclusion grounds in the Additional Information section of the contract notice. For example:
Bidders may be excluded from this competition if they are in any of the situations referred to in regulation 58 of the Public Contracts (Scotland) Regulations 2015.
Bidders will be required to adhere to, and fulfil all obligations relevant under the Human Trafficking and Exploitation (Scotland) Act 2015 and the Modern Slavery Act 2015.
Bidders will be required to adhere to, and fulfil all obligations relevant under the Waste (Scotland) Regulations 2012
Bidders will be required to adhere to, and fulfil all obligations relevant under The Waste Electrical and Electronic Equipment Directive (WEEE Directive) (2012/19/EU) and The Restriction of Hazardous Substances Directive (RoHS) (2002/95/EC).
Any contractor or sub-contractor performing security industry services under a Scottish Government contract will be required to be registered with the SIA Approved Contractors Scheme for the category of security service being provided/performed under the contract. [statement for SPD question xxxx]
Please describe your experience of delivering services that also enhance security and reduce crime, including details of any specific steps taken in the design of services to secure these community benefits. [statement for SPD question xxxx]
Failure to disclose information relevant to this question or serious misrepresentation in relation to the information disclosed may result in your exclusion from this competition or the termination of any subsequent contract that may be awarded to you. [statement for SPD question xxxx]
The Cyber Security Procurement Support Tool provides supporting guidance including example tender and contract wording that a contracting authority may amend / update accordingly to reflect the specific circumstances of their contract.
The supplier shall demonstrate that they have a comprehensive risk management process in place to ensure, as much as is possible, security of supply of materials, products or equipment essential to the delivery of the required product / service.
This shall include supply chain management, sourcing strategies, stock management, assessment of potential risks to supply and appropriate mitigation measures.
The contractor will be expected to have a comprehensive system which demonstrates an on-going and systematic approach to the prevention of serious organised crime in its business and the supply chains relevant to the contract / framework agreement.
This should include policy, roles and responsibilities, objectives, targets and programmes, training and awareness, communications (including whistle blowing), documentation and procedures, supply chain management, emergency response, monitoring and reporting.
The Contractor will perform its obligations in accordance with the Authority's, and Framework contracting authority's ethical sourcing policy, which is to promote appropriate standards regarding legal, ethical and social issues including, for example, health and safety, security of employment rights, equality, corruption and fair trade.
The Contractor must take all reasonable steps to ensure that materials used under this framework reflect due regard to ethical sourcing and human rights, working conditions, human trafficking and exploitation / modern slavery, other exploitation and corruption. This includes all International Labour Organisation (ILO) core conventions that have been ratified by the country of their origin.
The Contractor shall also take action to promote human rights including security of employment rights, equality of opportunity, prevention of corruption and fair trade within the supply chain in connection with delivery of this Contract.
The Contractor shall ensure that any person associated with the Contractor who is preforming the services or providing goods in connection with the Framework does so only on the basis of a written contract, which imposes on, and secures from such person terms equivalent to those imposed on the Contractor (Relevant Terms). The Contractor shall be responsible for the observance and performance by such persons of the Relevant Terms, and shall be directly liable to the Purchaser for any breach by such persons of any of the Relevant Terms.
The Contractor will be expected to demonstrate that they have a comprehensive system to identify, assess and manage relevant risks within their supply chain for [commodity (and related) materials and products]. This should include demonstrating that suppliers meet BES6002 Ethical Labour Sourcing, or equivalent.
To enable the requirement to be registered with the SIA Approved Contractors Scheme for the category of security service being provided/performed under the contract:
In these additional Conditions:
‘Proposed Commencement Date’ means the date specified as such in the Purchase Order; and
Security Industry Services has the meaning it has in section 25(1) of the Private Security Industry Act 2001.
The rights and obligations of the parties under this Contract shall have no force or effect unless the following persons are registered under section 14 of the Private Security Industry Act 2001 as an approved provider of security industry services, with approval in respect of the Services:
(a) the Supplier (in cases where the Supplier is itself to perform Security Industry Services); and
(b) any sub-contractors of the Supplier (in cases where such sub-contractors are to perform Security Industry Services)’
The registrations and approvals required under additional clause 2 shall be maintained throughout the period of the contract.
In addition to the Purchaser's rights of termination under the principal Conditions, the Purchaser shall be entitled to terminate this Contract:
(a) where the condition precedent in additional Condition 2 is not fulfilled by the date falling one month from the Proposed Commencement Date; and
(b) where the Supplier has breached additional Condition 3.
To comply with the policy of minimum burden on suppliers, those expressing an interest in contracts where these requirements will apply should be advised that they do not need to be registered with the scheme in order to bid but, that, if successful, they would need to be registered with the SIA scheme in order to perform the contracts.
The Cyber Security Procurement Support Tool provides supporting guidance including example tender and contract wording that a contracting authority may amend/update accordingly to reflect the specific circumstances of their contract.
Examples of wording that could be used where there may be concerns over security and crime in the supply chain:
What arrangements will you make to ensure that any sub-contractors used within the delivery of the contract are not linked to organised crime.
Please describe how your employee management policies and practices in the delivery of the services have due regard to the need to prevent crime.
The Organisation specifically wishes to combat organised crime, please describe how you will contribute to this aim including selecting and managing sub-contractors in the delivery of the contract.
The Cyber Security Procurement Support Tool provides supporting guidance for including example tender and contract wording that a contracting authority may amend/update accordingly to reflect the specific circumstances of their contract.
Model clauses to allow termination of a contract in the event of failure by the contractor to comply with its legal obligations in the fields of environmental, social or employment law are available from SPPN 09/2016.
The provision of verification that the contractor and any of its subcontractors are not subject to grounds for exclusion, including those relating to serious organised crime, as outlined in the Procurement (Scotland) Regulations 2016.
Renewed declaration of non-involvement in Serious Organised Crime and / or Human Trafficking and Labour Exploitation.
Confirmation that relevant quality assurance, environmental management systems, employer accreditations, or membership of relevant bodies required as a condition of contract remain in place for the duration of the contract.
Check that contracted suppliers have a slavery and human trafficking statement (where required under section 54 of the Modern Slavery Act 2015).
The contractor will provide the authority with the names, locations and details of the roles of suppliers (including details of the factories used by suppliers and specific components produced in each factory) within the contractors supply chain, and advise of any changes to this.
Provide the contracting authority on request with details of the outcome of supply chain audits, including appropriate action to be taken to resolve any issues found, and mitigate future reoccurrence
The contractor will provide the authority with management information on its ethical sourcing and human rights record, tracking and reporting on any instances of human rights abuse and remediation; complaints; breaches of local labour law; and how they can demonstrate continual improvement.
Evidence of staff training - safe handling of materials and equipment. Reports on incidents of theft or other breaches.
Evidence of employment or other opportunities created for priority groups*, against targets set (in line with procuring organisation's policies and priorities) – evidence to including training opportunities leading to a qualification, numbers / types of opportunities created - evidence on a monthly / quarterly / annual basis - where relevant.
*Priority Group means disabled or disadvantaged as specified in EU Directive 2014/24/EU (the Public Contracts Directive).
Priority groups will differ depending on the procurement, sector, and tendering organisation. For example, priority groups may include but are not limited to young people who are not in employment, education or training; long term unemployed people; people with protected characteristics; family types identified as being at higher risk of child poverty; care experienced people, homeless people; veterans; people with a conviction.
Approved Contractor status of the Security Industry Authority Approved Contractor Scheme for the category of security service being provided/performed under the contract are to be maintained throughout the period of the contract.