Community Benefit in Public Procurement . April 2010. … The first question that we should ask when developing any contract specification should be: ‘Can we include a Community Benefit clause?’ John Swinney, 19th March 2010. Community Benefits – Legal Position.
… The first question that we should ask when developing any contract specification should be: ‘Can we include a Community Benefit clause?’
John Swinney, 19th March 2010
Require Compliance with EC Treaty Principles –
Equal Treatment, Transparency, Proportionality, Mutual Recognition, Confidentiality – no local preference
Public Contracts Regulations (Scotland) Regulations 2006, Regulation 39
(1) A contracting authority may stipulate conditions relating to the performance of a public contract, provided that those conditions are compatible with Community Law and are indicated in -
(a) the contract notice and the contract documents; or
(b) the contract documents
(2) The conditions referred to in paragraph (1) may, in particular, include social and environmental considerations.
Issues that impact on society or parts of society including:
For example: Use of Community Benefit Clauses on relevant capital infrastructure projectsto ‘Achieve a legacy for Glasgow from the 2014 Commonwealth Games’
Housing and Regeneration
Education and Skills
Business and Third Sector Intermediaries
Business Development organisations
Peer groups that already use community benefit clausesPotential Stakeholders
GCC developed their approach based on the work done by Raploch URC in the original Community Benefits in Procurement Programme.
Three strands of community benefit:
Similar process followed by original pilot participants- e.g. Glasgow Housing Association
Identify the products and services that your authority procures that generate the greatest social risk and have the greatest capacity to enhance social outcomes.
Community Benefits in Public Procurement Report:
Community Benefits in Public Procurement – Guidance Note for Buyers:
Scottish Sustainable Procurement Action Plan:
The Scottish Government ‘Ready For Business’ Programme:
Targeted Recruitment and Training :
SME and Social Enterprises: