Date lodged: 12 January 2017
To ask the Scottish Government what its position is on mandating the use of the European Single Procurement Document as the standard questionnaire for all public sector construction procurements, including supply chain procurements.
Answered by: Derek Mackay 24 January 2017
European Directive 2014/24/EU on Public Procurement introduced the concept of a European Single Procurement Document (ESPD) for public procurements and this has been given effect in Scotland in the Public Contracts (Scotland) Regulations 2015. When bidding for a public contract, all companies are required to submit an ESPD as a formal statement declaring that they do not breach any of the exclusion grounds, and that they meet any minimum standards set by the buying organisation in relation to their capacity and capability to perform the contract.
In addition, statutory guidance published in March 2016 under the Procurement Reform (Scotland) Act 2014, states that the ESPD should also be used for regulated procurements below the EU contract threshold values.
As part of the process of implementing the 2015 Regulations, a public consultation asked whether the Regulations should require or to give discretion to public bodies to verify whether there are grounds for the exclusion of subcontractors, in some limited circumstances through the use of the ESPD. The 2015 Regulations support the overwhelming view of responses, which was for public bodies to have discretion to decide when it is appropriate to ask for that information based on each individual case.