Contract Opportunities within SPS

1) Competition

SPS procurement policy is that Goods, Services or Works should be acquired by competition wherever possible, in line with government policy and relevant legislation:

• Local requirements are usually procured by staff within each prison. These tend to be relatively short-term or one-off purchases, typically less than £20,000.
• Requirements above £20,000, and/or national contracts that affect many or all prisons, are advertised on Public Contracts Scotland by the Procurement Policy & Services Department at SPS HQ.
• SPS observes the requirement to advertise and follow prescribed EU tendering procedures for all requirements above the EU thresholds

SPS contract opportunities can be found on Contracts-Scotland

2) Approved or Preferred Suppliers

SPS does not operate an Approved or Preferred Supplier List. All significant requirements are subject to competition and Contracts (or Framework Agreements) awarded.

3) Transparency

Through our procurement activity, SPS makes every effort to ensure that suppliers are very clear about our requirements and how we intend to evaluate tenders to identify the best proposal.

The tender documents will set out the method of evaluation to be used. Suppliers should make sure that they fully understand this method and should seek clarification from SPS if any of this is unclear.

4) Security

Suppliers and prospective suppliers should be aware that a range of security considerations are of paramount importance for working within the prison environment.

For example:

• No personal communication devices or laptops are permitted within the prisons without specific permission;
• Restrictions on knives, bladed tools and ladders being taken into prisons;
• In many cases there will be a need for escorted access while on site; and
• The routine requirement for supplier personnel to have Disclosure Scotland checks (at the required level)

Each invitation to tender will set out the specific contractual requirements in this area and tenderers should make sure they fully understand these.

5) Compliance with Regulatory Obligations

Legislation: The SPS expects suppliers and contractors to fully comply with their obligations in respect of relevant legislation, such as that pertaining to race or employee relations. Failure to do so may mean exclusion from bidding for SPS contracts.

Disclosure Scotland: Bid documents usually indicate the type of Disclosure required. You should also be aware that some offences can disqualify an individual from working within SPS premises. Further information about Disclosure Scotland, the processes, timescales and its fees are available from: www.disclosurescotland.co.uk. Any fees charged by Disclosure Scotland are the responsibility of the individual or the contractor/supplier.

FOISA: Suppliers should be aware that SPS is bound by the terms of the Freedom of Information (Scotland) Act 2002 and will disclose information as required by the Act.

6) Contracting

Bound Contracts: in the majority of instances, after the tender process SPS will expect successful suppliers to sign a bound contract. This will contain the entire scope of the supply agreement, and the conditions of contract that will apply.

Post-Contract Management: National contracts awarded by SPS are generally managed and monitored by PPSD. Suppliers must be willing to accept such monitoring.

Sustainable Procurement: The SPS seeks to ensure that its operations and delivery of public services is consistent with Scottish Government's commitments to sustainable development including carbon reduction. Relevant SPS tenders may therefore set out specific sustainability requirements or monitoring provisions.

7) Ethics and Compliance

Procurement Ethics: Staff within SPS are required to act with integrity, honesty, objectivity and impartiality. These over-arching values and standards apply to everyone in the organisation: we expect similar ethical standards from our suppliers.

If you believe that anyone involved with the SPS has engaged in unethical behaviour, if there is a potential conflict of interest, a concern relating to the award of a contract, or to the performance of a contract, you should report this to either the SPS Head of Procurement, or to the Head of Internal Audit, at SPS Headquarters, Calton House, 5 Redheughs Rigg, Edinburgh, EH12 9HW.

The Suppliers' Charter: The SPS has signed this joint statement between Public Sector Procurement and external businesses to facilitate access to opportunities within public sector procurement. Our aim is to provide a fair and open approach to tendering, and to offer worthwhile feedback at the end of a procurement process.

Audit: The SPS, including its procurement activity, is subject to regular audit review both by the SPS internal audit team, and by Audit Scotland on behalf of the Scottish Parliament.