The Public Contracts (Scotland) Regulations 2015

Centralised purchasing activities and central purchasing bodiesS
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38.—(1) A contracting authority may acquire supplies, services or both from a central purchasing body offering [F1a centralised purchasing activity].

(2) A contracting authority may acquire works, supplies or services by using—

(a)a contract awarded by a central purchasing body;

(b)a dynamic purchasing system operated by a central purchasing body; or

(c)to the extent set out in regulation 34(4) (framework agreements), a framework agreement concluded by a central purchasing body offering the centralised purchasing activity.

(3) Where a dynamic purchasing system which is operated by a central purchasing body may be used by another contracting authority, this must be mentioned in the call for competition setting up that dynamic purchasing system.

(4) Subject to paragraph (5), where a contracting authority makes an acquisition in accordance with paragraphs (1) or (2), the contracting authority fulfils its obligations under these Regulations in relation to such acquisition.

(5) A contracting authority referred to in paragraph (4) is responsible for fulfilling the obligations imposed by these Regulations in respect of any part of the procedure that the authority conducts itself, such as—

(a)awarding a contract under a dynamic purchasing system which is operated by a central purchasing body;

(b)conducting a reopening of competition under a framework agreement that has been concluded by a central purchasing body; or

(c)determining, pursuant to regulation 34(7)(a) or (b) (framework agreements), which of the economic operators, that are party to a framework agreement that has been concluded by a central purchasing body, shall perform a given task under such framework agreement.

(6) All procurement procedures conducted by a central purchasing body must be performed using electronic means of communication, in accordance with the requirements set out in regulation 23 (rules applicable to communication).

(7) A contracting authority may, without applying the procedures provided for in these Regulations, award a public service contract for the provision of centralised purchasing activities to a central purchasing body.

(8) A public service contract referred to in paragraph (7) may also include the provision of ancillary purchasing activities.

Textual Amendments