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Publication - Guidance

Procurement of care and support services: best practice guidance

Published: 23 Mar 2016
Part of:
Public sector
ISBN:
9781786520432

Guidance for the public sector on procuring care and support services.

86 page PDF

4.3MB

86 page PDF

4.3MB

Contents
Procurement of care and support services: best practice guidance
Annex 1: Glossary

86 page PDF

4.3MB

Annex 1: Glossary

Advertisement - the method by which potential service providers are alerted to contract opportunities. A standard format is used for advertisements (otherwise known as 'contract notices') published in the Official Journal of the European Union ( OJEU) and/or on Public Contracts Scotland ( PCS).

Award criteria - criteria against which a service provider's proposals for delivering the service are assessed.

Best value - an appropriate balance between the quality and cost of services, having regard to efficiency, effectiveness, economy, equal opportunities and sustainable development. Local authorities have a statutory duty to secure best value in the performance of their functions and the continuous improvement of services.

Call-off contracts - specific contracts entered into under a framework agreement which (unlike the framework agreement itself) bind a public body and a contractor/provider.

Care and support services - all social care and support services for children and families, younger people and adults (including older people) and housing support services. Any references to 'social care services' and 'care services' should all be taken to mean social care services which provide care and/or support.

Carers - carers who provide care to people of any age affected by physical or mental illness, disability, frailty or substance misuse. In the case of this document, this term includes paid and unpaid carers.

Commissioning - all the activities involved in assessing and forecasting needs, linking investment to agreed desired outcomes, considering options, planning the nature, range and quality of future services and working in partnership to put these in place.

Contract (or 'public contract') - a legally binding agreement between a public body (the purchaser) and a contractor/provider for the supply of goods, works or services.

Contract award notice - notification of the award of a contract or framework agreement which is published on the PCS website and, in the case of contracts with a value of over €750,000, also in the OJEU.

Contracting authority - For the purposes of the Act, a contracting authority is

(a) a body, office-holder or other person listed in the schedule to the Act, or

(b) any other person who is a contracting authority for the purposes of the Public Contracts Regulations and whose functions-

(i) are exercisable in or as regards Scotland, and

(ii) do not relate to reserved matters within the meaning of the Scotland Act 1998.

Contract management - management of an individual contract to ensure that: obligations under the contract are delivered; any risks are managed; and the correct administrative procedures are followed.

Equality legislation - legislation protecting people from discrimination on the grounds of the protected characteristics of age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation (Equality Act 2010).

ESPD - Means the European Single Procurement Document referred to in regulation 60(1) (European single procurement documents: Use, content and form of ESPD) of The Public Contracts (Scotland) Regulations 2015.

Fair work practices - fair work is work that offers effective voice, opportunity, security, fulfilment and respect; that balances the rights and responsibilities of employers and workers and that can generate benefits for individuals, organisations and society. Issues related to the involvement of skilled and competent people in delivering services which impact on the quality of services, which may achieve positive outcomes for people who use services and their carers.

Financial regulations - regulations which describe the financial systems in operation within a public body to enable it to achieve good financial control.

Framework agreement - an agreement between one or more public bodies and one or more service providers which sets out the terms and conditions under which specific contracts can be entered into throughout the term of the agreement.

Invitation to Tender ( ITT) - the issue of tender documentation to potential service providers setting out the public body's detailed requirements and specifying the information that must be included in service providers' tenders.

Member States - countries which are members of the European Union - : http://europa.eu/abc/european_countries/eu_members/index_en.htm.

Official Journal of the European Union ( OJEU) - the formal record of the European Union which is published every working day and which includes details of contract opportunities across the EU and contracts awarded by public bodies in EU Member States.

Outcomes - used to describe the results that a service is expected to deliver and the contribution that delivery of the service is expected to make to meeting individuals' needs. Determining outcomes allows a public body to understand its performance locally, articulate its priorities at a strategic level and improve outcomes for people who use services or support.

Personalisation - the shaping of the support required by a person to their needs, preferences and outcomes: securing services which give them independence, choice and control.

Prior Information Notice ( PIN) - a notice published in the OJEU which advises potential service providers of the public body's future procurement plans.

The Procurement (Scotland) Regulations 2016 - regulations made under the Procurement Reform (Scotland) Act 2014.

Public body - used to describe the various organisations which procure care and support services including, for example, local authorities, NHS Boards and Community Health Partnerships, housing and criminal justice organisations.

Public Contracts Scotland - the national advertising portal for use by Scottish public bodies to publish contract opportunities and contract award notices: www.publiccontractsscotland.gov.uk.

The Public Contracts (Scotland) Regulations 2015 - Regulations which implement a European Procurement Directive in national law.

Public sector equality duty - The Equality Act 2010 includes a public sector equality duty ( PSED) which requires public bodies listed in schedule 19 of that Act to have due regard to the need to eliminate discrimination, advance equality of opportunity and foster good relations between people and protected characteristics.

Relationship management - used to describe activity undertaken by a public body to promote effective communication and maximise its relationship with service providers.

Selection criteria - criteria against which a service provider's suitability in principle to deliver the service is assessed taking account of capability and experience.

Self-directed support ( SDS) - used to describe the ways in which individuals can exercise choice about the way their support needs are met from available resources, including direct payments, having a direct payment managed by a third party or directing an 'individual budget'.

Service providers - used to describe all providers of care and support services, including in-house, private and voluntary sector service providers.

Service review - the review of an individual service to identify if action is required to improve delivery of the service and/or the outcomes for people who use services.

Service specification - detailed description of the type, nature and scale of a service a public body wishes to purchase in order to meet individuals' needs and the quality standards and outcomes that the service is required to deliver.

Shared services - the provision of services from one public body to one or more other public bodies either directly or via a separate legal entity established for the purpose.

Standing orders - the rules by which a public body conducts its business, including arrangements for entering into a contract.

Standstill period - a defined period of time between the contract award decision and the award of the contract which allows service providers to examine the contract award decision and to assess whether it is appropriate to challenge that decision.

Sustainable procurement - the process whereby a public body meet its needs for goods, services, works and utilities in a way that achieves value for money on a whole-life basis and generates benefits not only to the organisation but also to society, the economy and the environment.

Tenderers - service providers which have submitted a tender for evaluation during a procurement exercise.

EU Threshold value - the monetary value of contracts, as determined by the European Commission, above which the European Procurement Directives apply. Information on the current threshold values is available at: http://www.gov.scot/Topics/Government/Procurement/policy/10613

Treaty on the Functioning of the European Union ( TFEU) - formerly the Treaty establishing the European Community - Treaty defining the role, operation and policies of the European Union.

TFEU fundamental principles - principles deriving from the Treaty on the Functioning of the European Union. The key obligations in the context of public procurement include: transparency; equal treatment and non-discrimination; proportionality; and mutual recognition.

TUPE Regulations - means the Transfer of Undertakings (Protection of Employment) Regulations 2006 as amended.

Value for money - defined under the Scottish Model of Procurement as the appropriate balance of cost, quality and sustainability.


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