The Scottish Government has published their Consultation on proposals for regulations and policy supporting the Private Housing (Tenancies) (Scotland) Act 2016 (“the Act”). The Act is set to replace the current regime of assured and short assured tenancies with a New Private Residential Tenancy from 1 December 2017. Any tenancies created prior to that date will remain unchanged.
In previous eUpdates: Price Scoring - Getting it wrong? / Price Scoring, Fair Work Practices...and the Living Wage, I discuss relative and absolute price scoring formulas – the disadvantages of the former and the potential advantages of the latter. I also cover a price scoring formula that may assist in promoting fair working practices.
In a previous eUpdate Price scoring - Getting it wrong? I discuss the anomalies thrown up by the use of “relative price scoring formulas”. I show that the use of such formulas may not only lead to potential breaches of public procurement laws, but that they also encourage a “race to the bottom” as tenderers “naturally” wish to obtain the highest score – and they can only do so by pricing as low as they can.
For some time now academics and legal commentators have reported on the fact that some price scoring formulas commonly used by contracting authorities are flawed, with the potential of breaching the most important EU procurement principles – non-discrimination and equal treatment of economic operators, transparency and proportionality.