Public procurement legislation
There are a number of Scottish Government rules and regulations which must be complied with when spending public money. The procurement processes followed by Falkirk Council ensure that the following legislation is adhered with:
In addition, there are various statutory duties which the Council must fulfil. Procurement activity can improve social, economic and environmental wellbeing, as well as reduce inequality.
Statutory guidance
Statutory guidance includes the following:
Contract Standing Orders, Procurement Procedures and Financial Regulations
Contract Standing Orders (CSOs)
The primary rules governing procurement within the Council are the Contract Standing Orders. These promote:
- consistency
- transparency
- accountability
- fair opportunity
- equality of treatment
Officers responsible for contracting, whatever the value, should be familiar with, and apply the requirements of the CSOs and associated guidance.
- Downloads
-
Contract Standing Orders
PDF file, 304.2 KB
Corporate Procurement Procedures
The Procurement Procedures supplement the CSOs and provide additional guidance for Officers to procure in accordance public procurement legislation. Following these procedures is mandatory under the Council's CSOs.
- Downloads
-
Procurement Procedures
DOCX file, 412.1 KB
Financial Regulations
Officers must ensure that they maintain the highest standards of honesty and integrity in dealing with public money and take all appropriate steps to ensure best value is achieved. The Financial Regulations provide a framework to help ensure compliance with this requirement. The Financial Regulations form part of the Council's Standing Orders (these are different to CSOs) and must be read in conjunction with the CSOs.
Financial regulations doc
- Downloads
-
Falkirk Council Financial Regulations - October 2021
DOCX file, 75.7 KB
Procurement thresholds
Our specific procurement thresholds:
Nature of contract
|
Contract value
|
Route to market
|
Engagement required
|
Supplies / Services |
£5,000 - £49,999 |
PCS Quick Quote |
Minimum 3 quotes* |
£5,000 - £49,999 ** |
PCS Website Notice |
No restriction, open to all registering Category interest on PCS website |
£50,000 - £179.086 |
£179.087+ |
UK Find a Tender Notice |
No restriction, open to all EU Economic Operators |
Works |
£5,000 - £249,999 |
PCS Quick Quote |
Minimum 3 quotes* |
£5,000 - £249,999 ** |
PCS Website Notice |
No restriction, open to all registering Category interest on PCS website |
£250,000 - £4,477,173 |
£4,477,174+ |
UK Find a Tender Notice |
No restriction, open to all EU Economic Operators |
Health and Social Care Services |
£5,000 - £49,999 |
PCS Quick Quote |
Minimum 3 quotes* |
£5,000 - £49,999 ** |
PCS Website Notice |
No restriction, open to all registering Category interest on PCS website |
£50,000 - £552,950 |
£552,950+ |
UK Find a Tender Notice |
No restriction, open to all EU Economic Operators |
* At least one local provider (where applicable) must be invited to quote.
** A notice can be published on Public Contracts Scotland where the minimum number of providers cannot be invited to quote, or the size of the market is unknown.
Regulatory thresholds
Scottish Ministers must revise the threshold values of the procurement regulations every two years to ensure that they remain aligned to thresholds set out in the World Trade Organisation's Government Procurement Agreement (GPA). Under the rules of the GPA, the procurement thresholds must include VAT.
Public Contracts (Scotland) Regulations 2015 - procurement thresholds from 01 January 2024 to 31 December 2025
Contract type |
Threshold level
(exclusive of VAT) |
Supplies contracts |
£179.086 |
Services contracts |
£179.086 |
Works contracts |
£4,477,173 |
Light Touch Regime |
£552,950 |
Procurement Reform (Scotland) Act 2014 - Regulated procurements
Contract type |
Threshold level
(exclusive of VAT) |
Supplies contracts |
£50,000 |
Services contracts |
£50,000 |
Works contracts |
£2,000,000 |
Concession Contracts (Scotland) Regulations 2016
Contract type |
Threshold level
(exclusive of VAT) |
Concession contracts |
£4,477,174+ |
Terms and Conditions
Where a competitive procurement process has been completed, the subsequent contract will be subject to the Terms and Conditions issued to the suppliers.
A standard set of Terms and Conditions for Supplies and Services have been developed for tender exercises facilitated by Falkirk Council: Standard Terms and Conditions.
- Downloads
-
Standard Terms and Conditions
DOCX file, 206 KB
Where an order is called off from a collaborative framework agreement arranged by another organisation, the framework's standard terms and conditions (or amended terms and conditions where Falkirk Council has amended these) shall apply.