Social value and public procurement
Social value and public procurement

The following Local Government practice note provides comprehensive and up to date legal information covering:

  • Social value and public procurement
  • Who does the PS(SV)A 2012 apply to?
  • What does the PS(SV)A 2012 do?
  • Does the PS(SV)A 2012 apply to the procurement of all public contracts?
  • At what stage of the procurement process does the PS(SV)A 2012 apply?
  • How does the PS(SV)A 2012 interact with the PCR 2015?
  • Can a public body avoid complying with the PS(SV)A 2012?
  • What are the consequence of failure to comply?
  • What guidance is available from the government?
  • What is the position for central government contracts?

The Public Services (Social Value) Act 2012 (PS(SV)A 2012) requires contracting authorities to consider how they can improve the social impact of services they provide before the start of the procurement process.

Who does the PS(SV)A 2012 apply to?

The PS(SV)A 2012 applies to all public sector bodies that fall within the definition of ‘contracting authority’ under the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102. This is a relatively broad definition, which includes:

  1. central government

  2. local authorities

  3. police and fire authorities

  4. other publicly financed and controlled organisations

The PS(SV)A 2012 does not apply to certain public bodies in Wales.

What does the PS(SV)A 2012 do?

The PS(SV)A 2012 places obligations on contracting authorities, at the point at which they are proposing to procure or making arrangements to procure certain public contracts, to consider:

  1. how what is being procured might improve the economic, social and environmental wellbeing of its area—those areas or areas within the UK in which the relevant contracting authority (or authorities, if more than one) primarily exercises its functions and on whose behalf the public services contract or framework agreement (as the case may be) is intended to be made

  2. how that improvement might be secured in the procurement process

  3. whether to undertake a consultation on the potential improvements or how they might be secured

Does the PS(SV)A 2012 apply to the procurement of all public contracts?

The

Popular documents