For many years, the trend in UK public procurement has been towards greater certainty. Clear financial thresholds apply; cases have tightly defined time limits for notification of award decisions; and weightings and evaluation criteria must be published. So the rather vague requirements of the Public Services (Social Value) Act 2012 come as something of a surprise.

How much value must a contracting authority now attach to the effect of a procurement on the economic, social and environmental well-being of the local area? Seemingly, either quite a lot or not very much, depending on the authority’s discretion.

PUBLIC SERVICES (SOCIAL VALUE) ACT 2012

On 8 March 2012, the Public Services (Social Value) Act 2012 (the “Act”) received Royal Assent. The Act requires public authorities to consider the economic, social and environmental well-being of their area when undertaking public procurements for works, supplies or services.