Mandatory Obligations
This section documents our approach to meeting the mandatory requirements of the Reform Act.
Regulated procurements
Our standard practice is that all Regulated procurements will be advertised on the Public Contracts Scotland (PCS) website. As we will advertise, and subsequently award, on the PCS website the functionality of the site will automatically publish and maintain our contract register for public viewing.
Equal Treatment
We will continue to comply with the legal requirements of the Equality Act 2010 and Public Sector Equality Duty (PSED) which specifies that procurement should pay due regard to the award criteria (economic viability and performance) and equality considerations. The Procurement Service has the responsibility for ensuring all procurement meets the requirements of applicable Equality and Diversity Legislation and make suppliers aware of the requirement of the Equality Act 2010 and associated duties. This is embedded in our Invitation to Tender Documents where suppliers are asked to provide information on Company Policy and Practice to enable us to log market compliance with equality legislation and best practice in addition to delivering against our boards Diversity and Inclusion strategy and associated Equality Outcomes.
Sustainable Procurement Duty
We will continue to develop our practice with respect to sustainable procurement duty, outlined in Procurement Reform (Scotland) Act 2014 - The sustainable procurement duty dictates that before any purchase is made, a contracting authority must think about how it can improve the social, environmental and economic wellbeing of the area in which it operates with a view to reducing inequality. It also requires the contracting authority to consider how it’s procurement processes can broaden access to contracts for Small and Medium Sized Enterprises (SMEs), the third sector and supported businesses. There is an expectation that there will be a positive social impact from procurement activity in Scotland.
Organisational Policies
Policy on the use of community benefits in our contracts
In support of our commitment to the Sustainable Procurement Duty, we commit to maximizing Community Benefits from procurement activities. Community Benefit Clauses are contractual clauses which can be used to build a range of economic, social or environmental conditions into the delivery of public contracts. They can contribute to sustainable procurement and enable organisations to contribute to the achievement of outcomes which deliver social benefits.
These will include:
- Creating opportunities for supported businesses and third sector organisations to deliver public services
- Employment and training opportunities for the long term unemployed and disadvantaged individuals
- Creating opportunities for SMEs to deliver public services
- Environmental activities
- Support for community initiatives
The Public Contracts (Scotland) Regulations 2015 enables public bodies to include Community Benefits in the process and we will continue to assess all regulated procurements for inclusion of Community Benefit Clauses. We will monitor the community benefits achieved and report this in The Annual Procurement Report.
Policy on consulting and engaging with those affected by our procurements
The Procurement Service works with Technical User Groups (TUGs) for key projects. TUG members may include users of the goods or services, budget holders, senior management, subject matter experts and staff representatives when appropriate. Each TUG will have delegated authority for decision making and product/service selection for local contracts and will represent NHS Golden Jubilee at National Commodity Advisory Group Panels (CAP) for national contracting activity. We will record any complaints about failure to consult and report this in The Annual Procurement Report.
Policy on the payment of a living wage to persons involved in producing, providing or constructing the subject matter of regulated procurements
NHS Golden Jubilee understand that public procurement is a key driver of policy development and service delivery which supports sustainable economic growth and, as such, supports the right of employees to earn a fair wage. The Board is not permitted to mandate the application of the Living Wage within its supplier community. However, we will work with suppliers through contract and supplier management, and through addressing fair work practices in procurement processes to encourage suppliers to pay the Living Wage within their staff structures. We will apply Fair Work First criteria, including fair pay for workers, in in any regulated procurement process where relevant and proportionate to do so. The compliance of key suppliers will be monitored through the contract management process.
Policy on promoting compliance by contractors and sub-contractors with the Health and Safety at Work etc.
Act 1974 and any provision made under that Act NHS Golden Jubilee has a policy for the Management of Contractors which is aimed at promoting compliance with the Health and Safety at Work etc. Act 1974, and a broad range of other health and safety legislation. This policy is provided to contractors and they are required to comply with it. In addition, the Service uses standard NHS terms and conditions of contract which require contractors to comply with health and safety legislation, and provide remedies for any failure to comply with this. Key suppliers will be monitored through the contract management process.
Policy on the procurement of fairly and ethically traded goods and services
NHS Golden Jubilee will consider the requirement for specifying fairly traded and ethically traded goods and services in relevant procurements on a case by case basis, as set out in its sustainable procurement policy. The Board will adopt the guidance from both, the Scottish Government, and the Chartered Institute of Purchasing and Supply with the aim to eliminate Modern Slavery and Human Trafficking from within its supply chain. NHS Golden Jubilee currently procure only minimal amounts of goods and services that could have a fair trade or ethical trade implications, and most of these commodity areas would be covered by National Procurement framework contracts e.g. staff uniforms (cotton content), foodstuff.
Policy on how it intends its approach to regulated procurements involving food to:
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improve the health, wellbeing and education of communities in the authority’s area
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promote the highest standards of animal welfare.
NHS Golden Jubilee promotes the use of National Framework Contracts to procure all food required for both patients and staff and therefore the requirement to undertake regulated procurements in respect of food and related provisions is rare. Any regulated procurement required in respect of food will reflect the requirements noted above.
Payment processes
Scottish Government legislation requires all public bodies to pay invoices within 30 days.
NHS Golden Jubilee has policies on the Prompt Payment of Suppliers. These policies state that approved invoices will be paid within 30 days, although the Finance Department aim to achieve payment within 10 days. The procurement service will continue to ensure that all goods and services are receipted to allow payment as soon as possible after a successful delivery or provision of service.
In addition, the Procurement Service uses standard NHS terms and conditions of contract which require contractors to pay their sub-contractors within 30 days. If this does not occur, sub contractors may apply to our Board for support to resolve the matter.
NHS Golden Jubilee complies with the NHS policy on ‘No PO no pay’ (i.e. invoices must quote purchase order numbers). Any Invoice without a valid purchase order number is returned to the supplier. The requirement for invoices to show order numbers is made clear in the NHS terms and conditions of contract.
National Whistleblowing Standards
NHS Golden Jubilee has implemented systems to ensure compliance with the National Whistleblowing Standards. As a requirement of the Standards, NHS Golden Jubilee will ensure that contactors are aware of their responsibilities and the requirements of Standards.
