This section contains an overview of a number of keys areas that impact on procurement on a daily basis. The material here is presented as guidance and it is recommended that if you have any specific concerns that you speak to your Head of Procurement in the first instance who, if appropriate, will seek further advice from the institution’s legal advisors.
Some areas are evolving quickly and where there is a specialist working group within the sector, links are provided. From these sites you will be able to access the latest available information.
Currently, there is information available here on
- EU public procurement legislation - all procurements valued above specific thresholds must comply with this legislation, however, there is a requirement that all the sector's procurement activities follow the spirit of the legislation which aims to ensure fairness of treatment of potential suppliers and the award of public sector contracts in a fair, open and transparent manner
- Contract law - an overview to give an understanding of how contracts are formed, the obligations placed on the parties to the contract and the rights of redress should something go wrong
- Freedom for Information - there is a right to access to public information by anyone who seeks it. Often these requests involve information about contracts the college has in place for various goods and services or how a procurement process was conducted.
- Modern Slavery Act 2015 - an Act of the Parliament designed to tackle slavery in the UK and consolidates previous offences relating to human trafficking and slavery.
- The Public Services Social Value Act 2012 - requires contracting authorities to consider how what is proposed to be procured might improve the economic, social and environmental well-being of the relevant area; how, in conducting the process of procurement, it might act with a view to securing that improvement; and whether there is a need to undertake any consultation about the two duties set out above.
- General Data Protection Regulations (GDPR) – requires those contracts where the supplier processes personal data on behalf of the contracting authority, to have suitable contract conditions and for the contracting authority to have undertaken an assessment of the suppliers procedures in relation to data processing.
- Public Procurement Review Service - investigates and addresses concerns raised about public sector procurements
- Health and Safety issues - provides links to related guidance
- Waste Electrical and Electronic Equipment (WEEE) and the Restriction of the use of Hazardous Substances (RHOS) Directives - another area of evolving legislation, links are provided to the Higher Education National Working Party's web site
- Equality and Race relations - there is an obligation on the sector to ensure that it deals with suppliers who comply with current legislation. This section provides links to the latest material available within the sector
- Transfer of Undertaking Protection of Employment Regulations - when outsourcing or tendering service contracts there could be an obligation to consider the implications of TUPE in respect of the rights of the employees to transfer their employment to the new contractor on no less favourable terms and conditions.