You should work with the UIG to review and understand the current contractual situation for the commodity/service to:
You should collate details of existing contract(s). This information could include:
You may wish to use the Current Contract Status Template to record this information.
You should work with your UIG to assess future demand for the commodity/service. The assessment would be based on team knowledge and expertise and information obtained from non-team members.
A detailed understanding of the current spend and future requirements, of participating organisations, are key to commodity/service strategy development.
An organisation should determine what resources are available for delivery of the service.
Financial planning is essential to ensure that service specifications are realistic. This ensures the specified requirements and outcomes are informed by the organisation’s analysis and benchmarking of costs. This means delivery will be within the available budget.
An organisation should consider what funding it can commit to the delivery of a service and for what period of time.
An organisation should assess whether the service has met specified key performance indicators and other contractual requirements previously. It should seek feedback from people who use services and their carers and review other information relating to the quality of the service, including information from contract management and service review and information from the regulatory bodies, including any complaints about the service.
It is important to consider the Specific Considerations CSS Contracts.
To assist with spend analysis, many Scottish public sector organisations can access information on historical commodity/service spend via The Hub. The Hub contains many pre-defined reports and data that can be exported into MS Excel format.
The Hub can be used to identify possible transactional savings and collaborative opportunities.
Some suggested areas for analysis are:
The Spend Analysis Example, generated using information from The Hub can be found in the additonal documents section below.
The data in the Hub is not at line-item level . This means that detailed spend information will still need to be obtained from suppliers, or where available, from purchase order systems.
It is good practice to ensure suppliers are contractually required to provide line item spend details as part of the contract to support:
In addition to Spend Analysis, an organisation should review existing delivery arrangements for a service view to:
Evaluating existing arrangements for delivering the service against best value principles will require an organisation to consider:
The Contracts Register module in Public Contracts Scotland (PCS) has the facility for buying organisations to operate a private register of all contracts they have in place. A public register of these contracts meets the obligations of Section 35 of the Procurement Reform Act (Scotland) 2014.
Regulation 51(6) allows a contracting authority to withhold publication of information in the contract award or the conclusion of the framework agreement. This is where the release of the information:
(a) would affect law enforcement or go against the public interest;
(b) would prejudice the commercial interests of any person;
(c) might prejudice fair competition between economic operators.
Be aware that even if you withhold the contract value from a contract award notice, this does not provide cover from Freedom Of Information (Scotland) Act 2002 (FOISA). FOISA thresholds are higher i.e. - to withhold under FOISA, the information would have to, or be likely to cause substantial prejudice. Also the public interest in withholding the information would have to outweigh the public interest in its release.
Detailed contracts register user guidance can be found in PCS.
PLEASE NOTE: if you do not use PCS for producing a contract register, you still must produce a publicly available one.
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