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INTRODUCTION

This manual provides guidance on the rules that apply to Registers of Scotland (RoS) staff who are involved in Procurement activity (guidance on Definitions and Abbreviations can be found at at Appendix G) .

Adherence to the policies set out in this manual is mandatory for RoS staff, and for staff of any Agencies and Non Departmental Public Bodies whose  procurement may be managed by Registers of Scotland on a shared service basis.

The rules set out in this manual are designed to ensure that procurement activity is:

• Focussed on the delivery of Value for Money (VFM)
• Conducted to high professional standard and to the relevant legal requirements; and
• Overseen by appropriately trained and authorised staff to minimise the risk of legal challenge to RoS and it’s employees

RoS’s procurement function is a significant financial and administrative activity. In 2014In 2015/1516 RoS spent some £18some £22.35M 9M procuring the goods and services we needed to run our business. The function is important as it contributes directly to the efficiency and financial targets set by RoS. In recent times purchasing practices employed by the Scottish Public Sector have been the focus of The Review of Public Procurement in Scotland. The report for this review was published by John McClelland in March 2006. The Review, revealed weaknesses in the way some procurement is managed and executed. The review concludes ‘Given the combination of expenditure levels, complexity, vulnerability and criticality to operations, it should be expected that extremely high priority be given to procurement by the most senior levels of management and others responsible for governance within public sector undertakings.

The wide ranging recommendations contained in the Report continue to be rolled out across the whole of the public sector in Scotland. Many of the recommendations require a sea change to the approaches which were employed in the past. Progress is reported directly to the Scottish Ministers who take a very keen interest in the advances and savings that are being achieved across the entire Public Sector in Scotland.

The Public Procurement Reform Programme was set up in 2006 following the publication of John McClelland's Report Review of Public Procurement in Scotland, which has greatly influenced public sector purchasing by encouraging joined-up working across a wide range of procurement activities and practice.

A second phase of the Public Procurement Reform Programme, 'Transforming Procurement: Accelerating Delivery', was endorsed by the Public Procurement Reform Board in January 2010. This refreshed strategy places emphasis on accelerating the pace of change and the delivery of benefits whilst embedding initiatives into 'business as usual'. At its heart is the concept of value for money in procurement and is an informed balance between cost, quality and sustainability.

Some of the pertinent fiscal and legal documents detailing the requirements put upon those holding public office and governance positions are listed as follows:

• EU legislation for Public Procurement
• Scottish Public Finance Manual
• Public Finance and Accountability (Scotland) Act 2000
• The Public Contracts (Scotland) Regulations 2012 and the Utilities Contracts (Scotland) Regulations 2012

The recommendations of the McClelland Report point to a need to move from disparate approaches to structured and cohesive procurement strategies across the entire Public Sector in Scotland. In order that the recommendations on best practices are introduced and complied with, information on procurement policy and procedures must be made available on a RoS-wide basis. This is best achieved through the preparation and publication of a Procurement Manual which reflects RoS’s corporate policy and procedures and which meets our mandatory reporting needs. If these procedures are applied in the proper manner they should ensure compliance with all relevant legislation and provide a fair measure of protection against the likelihood of legal challenge and / or adverse audit reports being served on RoS. The Procurement Manual embraces procurement policy (what has to be done) and procurement procedures (how it has to be done). The policy and procedures are not only designed to protect the organisation from commercial risk and potential breach of relevant legislation but just as importantly protect both the organisation and the individual from possible claims of bribery, fraud, collusion, anti competitive action or other similar claims. The regulations contained in this Procurement Manual complement RoS’s Financial Regulations. If clarification or further information is required on any aspect please contact the Procurement Department. (A 'quick-reference' guide on procurement pathways for supply contracts is included at 15. for convenience together with other useful Appendices.)

The Procurement Reform (Scotland) Act 2014 (the Act) came into effect on the 18th April 2016.

The Act is a significant element of the continuing Public Procurement Reform Programme. The Programme centres on the Scottish Model of Procurement, which puts procurement at the heart of Scotland’s economic recovery. It sees procurement as an integral part of policy development and service delivery. It is a simple concept - business friendly, socially responsible. Looking at outcomes not outputs, it uses the power of public spend to deliver genuine public value beyond simply cost/quality in purchasing.

The Procurement Reform (Scotland) Act 2014 builds on the work achieved so far in the reform of public procurement in Scotland. It establishes laws regarding sustainable public procurement, and allow us to maximise the economic benefit brought to Scotland from effective and efficient public procurement activity.