Chamber and committees

This tendering exercise, published on Public Contracts Scotland (PCS) on 26 August 2017, is being conducted by Scotland Excel, acting on behalf of their member local authorities.

Scotland Excel has advised that a robust scoping process, which involved engagement with both key potential suppliers and local authorities, was undertaken to establish the requirements and to ensure that the framework agreement would help to meet the varying needs of all the local authorities wishing to use it. It has also advised that this framework was designed to complement and not adversely affect existing in-house pest control teams within local authorities and provide them with consumables. It will not be mandatory for local authorities to use the framework if they believe that other arrangements will deliver better value for money.

Framework Agreements have been used for many years, first appearing in Scottish procurement legislation in 2006. The Scottish Government does not hold centrally the information requested and it could only be obtained at disproportionate cost.

To increase the transparency of contract information, the Scottish Government, through the Procurement Reform (Scotland) Act 2014, introduced a requirement, from 18 April 2016 for all public bodies to maintain a register of contracts. The Act requires that contacts awarded under a framework agreement must also be included in the contracts register.

EU and national procurement legislation specifically provides for the use of framework agreements. They are generally used for purchases where there is a requirement for a high volume of goods or services, or a repeat need where exact quantities or timings are unknown. They offer a quick and relatively inexpensive route to market. They establish in advance the terms under which subsequent call-off contracts are awarded and can remove the need for subsequent contract awards to follow a new advertised competition. Frameworks are used extensively by professional procurement organisations across the UK (and beyond) to underpin collaborative contracting and/or to meet recurring requirements in a legally compliant and cost-effective way.

Before starting a public procurement it is important that public bodies consider whether this is the most appropriate method of delivering particular goods, services or works or if there are any existing arrangements which could meet their needs. Public contracts, including those which are initiated under a framework agreement are seen as one approach which public bodies can choose to meet their requirements.

It is worth noting that it is not mandatory for public bodies to use framework agreements if they believe other arrangements will deliver better value for money.

Framework Agreements have been used for many years, first appearing in Scottish procurement legislation in 2006. The Scottish Government does not hold centrally the information requested and it could only be obtained at disproportionate cost.

Under the Local Government in Scotland Act 2003, local authorities must use resources as efficiently as possible and deliver services effectively to ensure taxpayers get the best possible value. The Scottish Government has no role in directing how local authorities should do this.

Once a requirement has been identified for goods, services or works, and as part of the process of developing the appropriate procurement sourcing strategy, it will be important to consider whether a framework agreement is the right approach for the particular goods, services or works to be purchased.

It is worth noting that it is not mandatory for local authorities to use framework agreements if they believe that other arrangements will deliver better value for money.

EU and national procurement legislation specifically provides for the use of framework agreements. They are generally used for purchases where there is a requirement for a high volume of goods or services, or a repeat need where exact quantities or timings are unknown.

They offer a quick and relatively inexpensive route to market. They establish in advance the terms under which subsequent call-off contracts are awarded and can remove the need for subsequent contract awards to follow a new advertised competition. Frameworks are used extensively by professional procurement organisations across the UK (and beyond) to underpin collaborative contracting and/or to meet recurring requirements in a legally compliant and cost-effective way.

The Scottish Government has had no discussions with COSLA regarding the future of pest control services in local government.

I refer the member to the answer to question S5W-11342 on 5 October 2017. All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at: http://www.parliament.scot/parliamentarybusiness/28877.aspx.

I have asked Colin McConnell, Chief Executive of the Scottish Prison Service (SPS), to respond. His response is as follows:

SPS has robust mail handling procedures in place across all establishments. These procedures deter and disrupt attempts to introduce illicit articles to the prison estate and support the identification of any substances recovered.

These procedures consider the health and safety of staff as an utmost priority. As new and emerging attempts to smuggle articles through mail are identified, these procedures are reviewed.

I have asked Colin McConnell, Chief Executive of the Scottish Prison Service, to respond. His response is as follows:

There has been one incident in the last year across the SPS prison estate, where forensic testing has confirmed the possession of psychoactive substances.

There have also been a number of varying incidents, across all prisons, where the unsubstantiated abuse of substances may have been a contributing factor. Intelligence suggests that some of these may relate to the illegal use of psychoactive substances however it is impossible to say conclusively that this is the case.

SPS will continue to review its policy and tactical options to address this emerging issue.