More progress is needed a decade on from procurement reform

Despite improved transparency, a Parliament committee has found that inconsistency, bureaucracy, and inflexibility are still creating challenges for small businesses and third sector organisations looking to participate in public procurement.

A decade on from the introduction of the Procurement Reform (Scotland) Act 2014 (the Act), Holyrood’s Economy and Fair Work Committee has explored how the Act is operating.

Intended to support economic growth with procurement systems which were transparent, fair and business friendly, the Act put in place regulation for public procurement contracts above certain financial thresholds.

During its inquiry, the Committee heard from businesses and the third sector, as well as local authorities and the Scottish Government.

The Committee found that while the Act’s improvements to transparency were welcomed, there were still challenges which made navigating public procurement difficult, with one witness giving the Act a “C+ for its performance.”

Challenges experienced by witnesses included inconsistency across contracting authorities and heavy bureaucratic load.

The Committee’s report makes a number of recommendations to improve the system including:

  • Ensuring that the Public Contracts Scotland website is updated to make it once again “best in class”.
  • The Scottish Government should work with contracting authorities to drive consistency and reduce administrative burden.
  • A uniform process for the provision of feedback should be developed.

Speaking as the report launched last week, Committee Convener Claire Baker MSP said: “Public procurement plays a vital role in the Scottish economy, involving small business, the third sector and public bodies.

“But with more than ten years now passed since the Act came into force, it is time to reflect on whether the ambitious aims are being met.

“There is no doubt that the Act has had a positive impact on increasing transparency of procurement processes which of course is to be welcomed. But for too many businesses, especially new or small businesses, there is still confusion and inconsistency. all of which is causing a barrier to those who may want to engage.

“Our report calls for a number of changes which would have a real impact to ensure that the bureaucracy and inflexibility can be addressed.”

During its inquiry, the Committee also found that the Act had contributed to an increase in Scottish procurement. However, the report makes clear that the Committee believes more can be done to increase local procurement.

The Committee noted the results from the community wealth building pilot areas and called for the principles and lessons learned to be fully embedded in procurement processes.

Purchasing for public good could generate billions for disadvantaged communities

Public bodies and housing associations are being urged to use their purchasing power to tackle inequality within local communities in a new guide published today Monday, March 29th 2021 by the BetterForUs campaign 2020-4.

‘Procurement for Community Public Good’ provides a route map to how commissioners and communities can collaborate to deliver change across the UK through the adoption of fair procurement principles.

The Guide highlights how authorities can make use of existing laws to tackle disadvantage. It also pinpoints the importance of the Sustainable Development Goals in developing coherence and consistency in delivering public value commissioning across the UK.

The Guide is published in advance of BetterForUs research which shows that commissioners are not effectively making use of existing powers within current procurement law.

Regulation 20 of the Public Contracts Regulation 2015 and Regulation 21 of the Public Contracts (Scotland) Regulations provide that commissioning bodies can reserve contracts for positive action programmes and organisations that tackle disadvantage. 

Between 2015 – 2020 only eight organisations chose to make use of such provision, with Scotland and Wales leading the way and England and Northern Ireland falling behind.

The UK government is currently reviewing procurement law which is a devolved matter in the UK and the BetterForUs Campaign is urging it to retain positive action programmes as an integral part of levelling up.

Katharine Sutton, Director of BetterForUs said today: “Lack of investment in the everyday economy is leading to neglected communities and widening inequalities within the community.

“Public commissioners can help shape local markets and connect them to the needs of people thereby strengthening public services and building community resilience. 

“If only one percent of the procurement spend in the UK was reserved for positive action employment programmes this would generate £2.9 billion for local communities.

“Now is the time for public authorities and housing associations to maximise their public spend by providing sustainable employment with fair pay and conditions where people are treated with respect.”

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