Rules and Regulations
This page provides information on the Public Procurement Legislation within Scotland and the UK, as well as the councils Standing Orders and Procurement Procedures.
Public Procurement Legislation
Public Procurement in Scotland in governed by national and international legislation, stemming from the Government Procurement Agreement (GPA) 2021. Below the GPA, there are three legislative documents applicable to Scotland:
Procurement Reform (Scotland) Act 2014
Public Contracts (Scotland) Regulations 2015
The Procurement (Scotland) Regulations 2016
The Regulations set out the procedures to be followed at each stage of the procurement process leading to the award of contracts above certain financial thresholds for works, supplies and services by the council and other public bodies. They take account of modern techniques such as e-procurement and the provision of framework agreements, as well as the extent to which social and environmental issues can be considered during the procurement process.
Annual Procurement Report
Section 18 of the Procurement Reform (Scotland) Act 2014 requires contracting authorities to publish an Annual Procurement Report on their Regulated Procurement activities following the end of each financial year. The report includes summaries of; Regulated Procurements completed during the year, Community Benefits achieved as part of Regulated Procurements awarded, Regulated Procurements that are expected for completion in the next two financial years.
Annual Procurement Report 2023/24 [1MB]
Standing Orders and Corporate Procurement Procedures
The primary rules governing procurement within West Lothian Council are the Standing Orders for the Regulation of Contracts (Standing Orders) [214KB] . The council's Corporate Procurement Procedures [1MB] supplement the Standing Orders and provide additional guidance for officers to procure in accordance with Standing Orders and public procurement legislation.
Thresholds
The Council's specific Procurement thresholds
| Contract Type | Aggregate Purchase Value | Minimum Advertising Requirements | Minimum Number of Quotes/Tenders |
|---|---|---|---|
Supplies, Services or Works | £0 to £999 | N/A | Requirement to ensure Best Value* |
Supplies, Services or Works
| £1,000 to £4,999 | N/A | Two Quotes sought |
Supplies & Services
| £5,000 to £49,999 | Quick Quote | Min 3 Quotes sought via Quick Quote |
Works
| £5,000 to £249,999 | Quick Quote | Min 3 Quotes Sought via Quick Quote |
Supplies & Services
| £50,000 to Relevant Threshold | Public Contracts Scotland | Min 3 Tenders Sought via Public Contracts Scotland |
Works
| £250,000 to Relevant Threshold | Public Contracts Scotland | Min 3 Tenders Sought via Public Contracts Scotland |
Supplies, Services or Works
| Above Relevant Threshold | Public Contracts Scotland Tender and Find a Tender Service | Min 5 Tenders sought via Public Contracts Scotland Tender and Find a Tender Service |
Procurement Thresholds
The Procurement Thresholds can be found on the Scottish Government website.
Terms and Conditions
West Lothian Council operates several sets of Terms and Conditions dependant on the goods/services being procured.
Where a competitive procurement process has been completed, the subsequent contract will be subject to the Terms and Conditions issued to the suppliers.
The foregoing is subject to the following;
Where an order is placed pursuant to a framework agreement, the framework providers standard terms and conditions (or amended terms and conditions where West Lothian Council has amended these) shall apply.
Web links to the council's terms and conditions are listed below.
- Terms and Conditions for the Procurement of Goods [233KB]
- Terms and Conditions for the supply of Services [1MB]
- Terms and Conditions for the Provision of Passenger Transport [319KB]
West Lothian Council Construction Charter
The West Lothian Council Construction Charter can be found below;
West Lothian Council Construction Charter [434KB]
Fraud Awareness and Prevention
Link to West Lothian Councils Fraud Awareness and Prevention pages;
Fraud Awareness and Prevention
