All Clackmannanshire Council tenders above a value of £50,000 are advertised on the National Advertising Portal - Public Contracts Scotland
Adverts which must be published on the Official Journal of the European Union (OJEU) website will also be submitted through the portal to the Publications Office of the European Commission.
The portal allows documents to be attached to the notice for example Pre-Qualification Questionnaires, Invitation To Tender documentation etc.
Suppliers can view the contract notices and in addition if registered, can receive free e-alerts notifying them of contract opportunities relevant to their business.
All contract opportunities valued between £10,000 and £49,999 are advertised using Quick Quote through Public Contracts Scotland
Contract opportunities below £10,000 in value will also be considered for advertising where this will support the Council's policy objectives and the exercise can demonstrate best value as detailed in the Procurement Journey
Please note the portal is not an e-tendering system.
Regulation 8(21) of The Public Contracts (Scotland) Regulations 2012 states that in awarding any public contract, where EC Treaty principles require it, public bodies should "ensure a degree of advertising and follow a procedure leading to the award of the contract which is sufficient to enable open and fair competition". Advertising contract opportunities on the portal will assist the Council comply with this legal obligation.
The European Directive, 2004/18/EC, and subsequently the UK Public Contracts Regulations (2006) set out a clear set of requirements for purchasers. However, both sets of legislation allow a "light touch" approach to the procurement of certain services. These are known as Part B services. Part B tenders must comply with the regulations in that they must be "adequately advertised", must include a technical specification, and feedback must be available.
Underpinning the legislation are the requirements of theTreaties of Maastricht and Lisbon. Here Articles 81 and 82 are relevant. The Treaties and UK competition law require that nothing be done which in any way prevents, restricts or distorts competition.
Therefore, although a contract may be for services which fall under Part B of procurement legislation, it is likely that it will be caught by the Treaty requirements and thus tendering for the services to be purchased becomes necessary.