Civil Engineering Reference
In-Depth Information
Chapter 2
Procurement
2.1 Introduction
This chapter describes an important element of law relating to construction contract-
ing, namely the requirements in relation to contracts which require to be awarded,
in accordance with the Public Contracts (Scotland) Regulations 2012 as amended (in
this chapter, referred to as 'the Regulations'), by public bodies which are subject to
those Regulations. he Public Contracts (Scotland) Regulations 2012 came into force
on the 1st of May 2012 and update Regulation 23, taking into account offences under
the Criminal Justice and Licensing (Scotland) Act 2010, the Bribery Act 2010, the
Proceeds of Crime Act 2002 and the Drug Trafficking Act 1994; clarify that the award
criteria under Regulation 30(2) are indicative; and reduce the time limit in Regulation
47 for the bringing of Court proceedings from 3 months to 30 days.
This chapter also briefly introduces the European Union's public procurement
regime, and explains some features which are significant in relation to construction
contracting.
The Regulations implement the public contracts Directive 2004/18/EC in Scotland
('the Directive') which is known as the Classic Directive. The Directive modernized
andupdatedtheproceduresinrelationtotheawardingofcontractsinthepublicsec-
tor originally established by Directives 92/50/EEC, 93/36/EEC and 93/37/EEC. here
are corresponding Regulations for England, Wales and Northern Ireland. his chapter
refers to the provisions of the Regulations, unless otherwise indicated, and it should be
noted that there are a number of differences between the Regulations, and he Public
Contracts Regulations 2006 (as amended), notably in relation to remedies.
Procurement by entities operating in the water, energy, transport and postal ser-
vices sectors has, from 31 January 2006, been subject to Directive 2004/17/EC, which
is now implemented into Scots law by the Utilities Contracts (Scotland) Regulations
2012. These Regulations apply to the award of relevant contracts entered into by util-
ities in relation to the activity for which they are a specified utility.
The public procurement legislation referred to above essentially comprises proce-
dural rules founded with economic purpose, to ensure that a level playing field across
the EU is put in place for those competing for public sector contracts.
MacRoberts on Scottish Construction Contracts
,hirdEdition.MacRoberts.
© 2015 John Wiley & Sons, Ltd. Published 2015 by John Wiley & Sons, Ltd.
