CCS publishes guidance on the social and environmental factors to be considered throughout a procurement process.
The Crown Commercial Service has released new guidance on the social and environmental aspects of the PCR 2015. The guidance has highlighted that contracting authorities may consider incorporating social, ethical and environmental aspects into specifications, contract conditions and award criteria. The flexibilities and requirements "bite" at different stages in a procurement process, as detailed below.
Early stages (selection/ discretionary and mandatory exclusion grounds)
Specification
The award stage
Term of the contract
It is possible to include social, employment and/or environmental contract performance conditions (where appropriate) provided that they are linked to the subject-matter of the contract and had been previously indicated in the call for competition or the procurement documents.
Contract management procedures should include an on-going verification that contractors are complying with the relevant laws.
Conclusion
Government policy is that contracting authorities must ensure that its suppliers comply with social, environmental and labour laws in delivering public contracts. There is a clear aspiration at both national and EU levels for social and environmental factors to be carefully considered by contracting authorities and the guidance supports this position and shows the degree of flexibility afforded to contracting authorities on such issues, particularly in how they should be accommodated in the procurement process and during contract performance.
It is best practice for contracting authorities to have a good understanding of its supply chain and to analyse and manage key members of that chain. Contracting authorities should implement the guidance on a case-by-case basis and any response to the guidance should be proportionate.
Article written by Katharine Rutherford and Lucy Woods.
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