Procurement 41 Reserving right to participate in procurement by type of organisation (1) The Public Contracts (Scotland) Regulations 2015 (S.S.I. 2015/446) are modified as follows. (2) After regulation 76 insert— “Reserved contracts for certain services 76A —(1) Contracting authorities may reserve to qualifying organisations the right to participate in procedures for the award of reservable contracts. (2) Where a contracting authority exercises the power of reservation conferred by paragraph (1), the call for competition must make reference to this regulation. draft 2024-06-21 20 National Care Service (Scotland) Bill Part 3—Reforms connected to delivery and regulation of care (3) The power of reservation conferred by paragraph (1) is without prejudice to the power conferred by regulation 21. (4) A reservable contract is a contract that— (a) is to be awarded in accordance with this Section, (b) has a maximum duration of 5 years or less, (c) is for the provision of a service, or more than one service, to or on behalf of the National Care Service (as defined by section 35 of the National Care Service (Scotland) Act 2023), and (d) is exclusively for a service, or more than one service, covered by one of the following CPV codes: 75200000-8, 75231200-6, 75231240-8, 79611000-0, 79622000-0, 79624000-4, 79625000-1, a code in the range beginning with 85000000-9 and ending with 85323000-9, 98133100-5, 98133000-4, 98200000-5, 98500000-8 and a code in the range beginning with 98513000-2 and ending with 98514000-9. (5) An organisation is a qualifying organisation if— (a) its objective is the pursuit of a public service mission linked to the delivery of services referred to in paragraph (4)(d), (b) profits are reinvested with a view to achieving the organisation’s objective, and any distribution of profits is based on participatory considerations, (c) the structures of management or ownership of the organisation are (or will be if and when it performs the contract in question)— (i) based on employee ownership or participatory principles, or (ii) such that they require the active participation of employees, users or stakeholders, and (d) the organisation has not been awarded, pursuant to this regulation, a contract for the services concerned by the contracting authority concerned within the past 3 years. (6) The Scottish Ministers may by regulations change— (a) the CPV codes specified in paragraph (4)(d), (b) the definition of qualifying organisation. (7) The power conferred by paragraph (6) may be exercised to make different provision for different purposes.”. 41A Procurement strategies to be informed by NCS local boards’ strategic plans (1) The Procurement Reform (Scotland) Act 2014 is modified as follows. (2) In section 15 (procurement strategy)— (a) in subsection (5), after paragraph (c) insert— “(ca)i f the authority intends to carry out regulated procurements in connection with functions delegated to a National Care Service local board, include a statement of the authority’s general policy on how it intends to approach those procurements consistently with the board’s strategic plan,”, (b) for subsection (7) substitute— draft 2024-06-21 21 National Care Service (Scotland) Bill Part 3—Reforms connected to delivery and regulation of care “(7) In this section— “living...