Getting contract ready — how businesses in Scotland can prepare for the next wave of public procurement opportunities

From SSEN Transmission’s ongoing projects in the Highlands to opportunities to work with Scottish Water, Forestry and Land Scotland and numerous other public bodies and utilities, there’s a clear pipeline of commercial opportunities opening up for suppliers north of the border.

Businesses need to understand both how procurement works and what they’re signing up for if they’re successful.

Procurement is about more than the cheapest price

Tenders subject to the rules are assessed on the basis of the Most Economically Advantageous Tender (“MEAT”) — this is about more than price.

Emphasis is also placed on quality including personnel, delivery methods, sustainability, community benefits, and net zero commitments — meaning contracts are being awarded not just on price, but on broader value.

Businesses should pay close attention to the actual award criteria used in any contract opportunity and tailor their submissions appropriately, to reflect what is actually being asked for. The organisations awarding contracts can only consider the information presented to them in the tender, not any other knowledge they have of the bidders.

Common pitfalls — and how to avoid them

Even experienced businesses can trip up in public procurement — not because they lack capability, but because of misunderstanding or underestimating what’s required.

Here are some of the issues we see most often —

• Misinterpreting the scope of work or pricing too narrowly

• Failing to understand risk tied to warranties, liability and insurance obligations

• Overlooking TUPE obligations when contracts may involve the transfer of staff

• Assuming terms are negotiable, when in reality most public contracts are standardised

• Missing early engagement opportunities that help shape more informed bids

• Underestimating the time and effort involved in submitting a good (and hopefully successful) bid

Understanding the structure of procurement processes — including frameworks, lots, dynamic purchasing systems, and open tenders — can make a significant difference.

Six things to do to prepare

Whether you’re new to bidding for contracts or looking to grow your involvement, here are some practical steps to build procurement resilience —

• Sign up to the Public Contracts Scotland portal (for free) to receive alerts about opportunities in your sector

• Carefully consider the requirements — submit a tender tailored to the specific requirements of the project and avoid submitting general marketing information

• Understand the key contract terms — especially pricing mechanisms, delay penalties, indemnities and termination clauses

• Use available support, e.g. “meet the buyer” events, local chamber sessions, industry events and the Supplier Development Programme

• Be proactive about risk — if a contract feels too risky to price competitively, consider declining to bid

• Consortium/sub-contracting — consider whether you should submit a joint bid in order to increase your chances of success

Conclusion — be informed before you bid

In a competitive and complex procurement landscape, being contract-ready is a real differentiator. Understanding the legal and commercial implications of a tender isn’t about box-ticking — it’s how you protect your margins and deliver confidently.

If your business is bidding — or thinking about it — don’t wait until award to read the contract. Get ahead, get support, and go in with your eyes open.

If you would like to discuss these or other legal matters, please contact me to discuss.