What are the public procurement rules?
- The procurement of goods, services and works by public bodies is governed by EU law, This requires public bodies to act in accordance with the principles in the Treaty on the Functioning of the EU, including transparency, equal treatment and non-discrimination. Public bodies are also required to follow detailed rules set out in the EU Procurement Directives. These establish the procedures which public bodies must follow during a tender exercise.
- The EU Procurement Directives are given effect in Scotland by the Scottish Procurement Regulations.
Do the same rules apply to all procurements?
- No, some procurements are not covered by the detailed rules, for example low-value requirements or certain categories of services. We can advise on how the rules apply in individual cases.
Where can I find out more about the procurement rules?
- Information for suppliers is available via our Menu of support for Suppliers.
- The Scottish Government provides a range of guidance and advice to public bodies on how to conduct tender exercises.
- The Scottish Procurement Policy Handbook sets out the fundamental rules, behaviours and standards for public procurement in Scotland.
- It has also developed a "Procurement Journey" for buyers and publishes regular updates on procurement policy.
Where can I find out about contract opportunities in Scotland?
- Contracting opportunities can be accessed through the national advertising portal for the Scottish public sector Public Contracts Scotland. Suppliers can also register their company details and sign up for e-alerts of relevant opportunities free of charge.
Can the Single Point of Enquiry change procurement decisions?
- No. SPoE does not have formal powers to investigate suppliers' concerns or change decisions made by buying organisations. Instead, it works with suppliers and buying organisations to try to broker a solution.
What other options do I have if I have concerns about public procurement activity?
- If you think a public body has not complied with the public procurement rules, you may complain to the European Commission. This does not cost anything, but the Commission may take some time to assess, accept and pursue your concerns.
- If you believe that a public body has breached the public procurement rules, you may consider bringing legal proceedings in the Sheriff Court or Court of Session. If you are considering bringing legal proceedings, you should seek early advice from a solicitor.