Date lodged: 18 October 2016
To ask the Scottish Government whether all public sector tenders that it has responsibility for must comply with the REACH (registration, evaluation, authorisation and restriction of chemicals) regulations where there is a need for the use of protective equipment or clothing and, if not, what its position is on introducing such a requirement.
Answered by: Derek Mackay 3 November 2016
Scottish Government’s public contracts are subject to all relevant legislation, including environmental law.
The Scottish public procurement Regulations which came into effect on 18 April 2016 contain provisions to enable the exclusion of a bidder from tendering for public contracts where it can be demonstrated it has breached social, environmental or labour laws.
The Regulations also permits a contract not to be awarded to a bidder where it can be shown that its bid does not comply with applicable obligations in the fields of social, environmental and labour law and to reject a bid that has been established as abnormally low because it does not comply with relevant social, environmental or labour law.
Furthermore, Scottish Government’s standard Terms and Conditions have been updated to allow for contract termination in the event of the contractor’s failure to comply with such laws in the performance of a contract.