Regulation 9 Duty to consider award criteria and conditions in relation to public procurementI1

Where a listed authority is a contracting authority and proposes to enter into a relevant agreement on the basis of an offer which is the most economically advantageous, it must have due regard to whether the award criteria should include considerations to enable it to better perform the equality duty.

Where a listed authority is a contracting authority and proposes to stipulate conditions relating to the performance of a relevant agreement, it must have due regard to whether the conditions should include considerations to enable it to better perform the equality duty.

Nothing in this regulation imposes any requirement on a listed authority where in all the circumstances such a requirement would not be related to and proportionate to the subject matter of the proposed agreement.

In this regulation—

• “contracting authority”, “framework agreement” and “public contract” have the same meaning as in the F1Public Contracts (Scotland) Regulations 2015; and

• “relevant agreement” means a public contract or a framework agreement that is regulated by the Public Contracts (Scotland) Regulations 2015.