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Before the Contract Starts

This guidance covers the period after preferred bidder identification / intention to award, up to Go-Live / Day 1 of service delivery.


It ensures the contract is set up for successful performance, compliance, and risk management from the start.


Purpose of Pre-Contract Contract and Supplier Management

For medium and high-risk contracts, the preparation before the contract begins is critical.  The work will already have been started when the commodity strategy and tender documents were prepared and this phase will build upon that.

The objectives are to:

  • Ensure a smooth and controlled mobilisation
  • Confirm the supplier fully understands the specification, Key Performance Indicators (KPIs), and obligations
  • Establish governance, communication channels, and performance expectations
  • Finalise risk controls, data requirements, and compliance arrangements
  • Ensure the contract manager has everything needed to manage performance from Day 1
  • Document evidence for audit and procurement governance

Early clarity reduces operational risk, improves supplier performance, and creates the foundations for a strong commercial relationship.

Key Principles

  1. Proportionate to risk – higher-risk contracts require more robust planning and documentation.
  2. Collaboration – early engagement with the supplier sets the tone for partnership working.
  3. Transparency and documentation – all agreements should be minuted and filed.
  4. Service continuity – the mobilisation plan must minimise disruption to service users.
  5. Governance first – roles, responsibilities, and decision pathways must be agreed before work starts.

Checklist

Checklist

Core Pre-Contract Activities

For medium–high risk contracts, the following 10 activities are essential:

  1. Contract Handover from Procurement to Contract Manager (if applicable)
  2. Internal mobilisation planning
  3. Supplier mobilisation meeting
  4. Confirmation of Key Performance Indicators (KPIs), reporting and data requirements
  5. Risk assessment and creation of the contract risk register
  6. Governance structure setup
  7. Agreeing change control, escalation and communication routes
  8. Finalising implementation / mobilisation plans
  9. Readiness checks and acceptance testing (where relevant)
  10. Go-Live approval and sign-off

Each activity is described in detail below:

Contract Handover from Procurement

A structured handover ensures that the contract manager has the necessary information.

Procurement should provide the contract manager with:

  • Signed contract / Terms and Conditions (T&Cs)
  • Specification and schedules
  • Tender responses (technical and commercial)
  • Pricing schedules
  • Scored evaluation sheets
  • KPI and service level requirements
  • Risk and issues identified during procurement
  • Award letters and standstill documentation
  • Transfer of Undertakings (Protection of Employment) (TUPE) information (if applicable)
  • Data protection agreements
  • On-boarding requirements

Handover Meeting Should Cover:

  • Context and purpose of the contract
  • Key risks highlighted during evaluation
  • Supplier strengths and potential areas requiring attention
  • Contract management expectations
  • Mobilisation timeline and Go-Live target date

All documents should be stored in the contract/relevant file.

Internal Mobilisation Planning 

 Before meeting the supplier, the public body must align internally. Key actions should include:

Establishing the contract management team, including:

  • Contract Manager
  • Technical leads
  • Finance
  • IT/Data protection
  • Human Resources (HR)/TUPE leads
  • Legal (if required)
  • Reviewing resourcing needs
  • Mapping internal dependencies
  • Agreeing internal governance (who approves what, and when)
  • Checking budget availability and coding
  • Identifying training needs (e.g., system access, technical knowledge)

Supplier Mobilisation Kick-Off Meeting 

 A formal kick-off meeting is essential in medium–high risk contracts.

Agenda should typically include:

  1. Introductions and governance structure
  2. Review of the contract objectives and outcomes
  3. Mobilisation plan and timelines
  4. Supplier resource allocation
  5. KPI dashboard/balanced scorecard and reporting templates
  6. Data and system access requirements
  7. Business continuity expectations
  8. Health & Safety, General Data Protection Regulation (GDPR), security or regulatory requirements
  9. Risk review and new risks identified
  10. Communication and escalation routes

The meeting should end with:

  • A joint action plan
  • Named points of contact
  • Mobilisation timeline
  • Agreement on next steps

Minutes should be recorded and shared.

Confirming KPIs, SLAs & Reporting 

Medium–high risk contracts require clear and tested performance measures from the start.

Actions:

  • Walk through each KPI and Service Level Agreement (SLA) with the supplier
  • Ensure definitions and measurement methods are clear
  • Test reporting templates before Go-Live
  • Agree frequency of monitoring (monthly/quarterly)
  • Confirm data sources (supplier-provided vs internal systems)
  • Agree tolerances and thresholds (green/amber/red)
  • Identify KPIs that require base-lining during mobilisation
  • Establish how under-performance will be addressed

The supplier must sign off on the agreed KPIs.

Contract Risk Register (Pre-Go-Live)

A dedicated contract risk register should be created before the contract starts.

Minimum required risk categories include:

  • Service continuity
  • Supply chain risks
  • Financial stability
  • Cybersecurity and data protection
  • Health & Safety
  • Workforce (including TUPE)
  • Business continuity
  • Dependency on subcontractors
  • Political or reputational risks

Each risk should have:

  • Likelihood and impact scores
  • Owner (public body or supplier)
  • Mitigation actions
  • Early warning triggers

Risk registers should be reviewed at least weekly during mobilisation.

Establishing Governance

Medium–high risk contracts require documented, structured governance.

Governance should define:

  • Roles and responsibilities
  • Delegated authority levels
  • Meeting structures:
    • Weekly or biweekly mobilisation meetings
    • Monthly contract review meetings (from Go-Live)
    • Quarterly strategic review meetings
  • Reporting expectations
  • Decision-making routes
  • Dispute escalation procedures
  • Audit and record-keeping requirements

This structure must be formally agreed with the supplier.

Agreeing Communication and Escalation Routes

Early clarity prevents future misunderstandings.

Agreements should include:

  • Operational contacts (day-to-day)
  • Commercial contacts
  • Senior escalation paths
  • Emergency contacts
  • Response times for routine and urgent communications
  • How issues, risks and incidents will be reported
  • Shared document locations (if applicable)

A communication plan/matrix should be issued to both sides.

Mobilisation and Implementation Planning

A mobilisation plan is mandatory for medium–high risk contracts.

The plan should outline:

  • Activities
  • Owners
  • Timescales
  • Dependencies
  • Risks
  • Milestones
  • Gate reviews (“ready for service” checkpoints)

Examples of mobilisation tasks:

  • Staff on-boarding / TUPE transfers
  • System access setup
  • Site surveys
  • Equipment installation
  • Process mapping
  • Business continuity rehearsals
  • Trial runs / test scenarios
  • Training delivery
  • Data migration (if relevant)

The plan should be reviewed weekly.

Readiness Checks and Acceptance

Before Go-Live, a Readiness Assessment must be completed.

This should confirm:

  • All staff are trained and cleared
  • Systems and data access work
  • KPIs and reporting are tested
  • Business continuity plans are implemented
  • Health and Safety and compliance checks passed
  • Risks are within acceptable tolerance
  • Stakeholders are informed
  • Supplier has demonstrated ability to meet service levels

If concerns remain, Go-Live should be delayed or a controlled soft-launch used.

Go-Live Approval and Contract Commencement

The formal Go-Live requires:

Sign-off from:

  • Contract Manager
  • Procurement Lead
  • Senior Responsible Officer (SRO)
  • Legal (if required)

A Go-Live communication sent to:

  • Supplier
  • Internal stakeholders
  • Service users (if relevant)

A contract management pack should be finalised containing:

  • Signed contract
  • Mobilisation records
  • KPI dashboards/balanced scorecard
  • Risk register
  • Communications and escalation map
  • Meeting calendar
  • Contact lists
  • Reporting templates

Checklist

Checklist

Immediate Post-Go-Live Actions

Within the first 30 days you should:

  • Hold a Go-Live review meeting
  • Validate early KPI data
  • Update risks based on operational experience & market/environmental changes
  • Address any immediate issues
  • Move to Business As Usual (BAU) contract management phase
  • Document lessons for future procurement exercises

Quickfire Guide

Quickfire Guide

Summary Checklist

Before the  Contract Starts, the following should have been completed:

  • Contract handover completed
  • Internal mobilisation team established
  • Supplier mobilisation meeting held
  • KPI & reporting arrangements confirmed
  • Contract risk register created
  • Governance and escalation routes agreed
  • Mobilisation plan in place
  • Data, systems & compliance requirements confirmed
  • Readiness check passed
  • Go-Live approved

CSM Roles & Responsibilities

Route 3 contracts require a structured governance model, clearly defined responsibilities, and proactive supplier engagement. 

These contracts usually involve essential services, large budgets, complex performance requirements, reputational exposure, or financial/operational risk.

Managing the supplier contractual relationship requires a discrete set of responsibilities and activities. An organisation should consider how to ensure that:

  • roles and responsibilities are clear
  • the relationship is championed at senior levels in the Organisation and supplier organisations
  • information sharing is encouraged
  • concerns about relationships, from either party, can be discussed frankly
  • the relationship allows for long-term strategic issues as well as day-to-day delivery issues to be considered

These considerations should be built into the commodity/service specification and/or the terms and conditions of the contract.

The Contract Manager should be engaged early in the process. This will ensure they engage early with stakeholders and determine the appropriate contract service level requirements and Key Performance Indicators. Service level and Key Peformance Indicators (KPIs) requirements should have been included in the tender documentation.


Governance Structure

Recommended Governance Tiers

  1. Organisation Board/Senior Management Team
  2. Senior Responsible Owner (SRO) / Contract Owner
  3. Contract Manager (Operational Lead)
  4. Commercial / Procurement Team
  5. Technical / Service Leads
  6. Finance Lead
  7. Risk & Assurance / Legal
  8. Supplier Relationship Manager (if formal model used)
  9. Contract Users / Operational Stakeholders
  10. Supplier-side Contract Manager

This structure supports accountability, escalation, transparency, and effective decision-making.

Roles and Responsibilities

Organisation’s Board / Senior Management Team

Board / Senior Management sponsorship is critical to the success of an embedded Contract and Supplier Management approach.

The Board / Senior Management Team should take the ultimate strategic ownership of business critical strategic supplier(s). They should be fully committed to improving contract performance collaboratively with those suppliers.

 

Senior Responsible Owner (SRO) / Contract Owner

Overall accountability for contract outcomes.

Responsibilities

  • Approves contract management strategy, KPIs, scorecards, and risk plans.
  • Ensures compliance with Scottish Procurement Finance Manual (SPFM) and organisational governance.
  • Chairs senior-level reviews (monthly/quarterly/biannual).
  • Approves significant variations, extensions, or commercial decisions.
  • Ensures adequate resources for effective contract management.
  • Acts as escalation point for significant performance or financial risk.
  • Provides reports to Executive Team or Board.

 

Contract Manager (Day-to-Day Lead)

Primary role for managing supplier performance and ongoing activities.

Responsibilities

  • Develops and maintains the contract management plan.
  • Manages KPI reporting, Balanced Scorecard and performance reviews.
  • Oversees delivery of services against specification/SLA.
  • Ensures continuous improvement and value-for-money initiatives.
  • Maintains the contract risk register and ensures mitigating actions.
  • Manages contract variations, change control, and compliance.
  • Coordinates quarterly contract meetings and performance boards.
  • Ensures accurate documentation and audit trail.

In addition, every contract should be managed by a nominated member of staff (‘contract manager/contract management officer’). In a collaborative setting, organisations should determine which organisation will take the lead in managing the contract. An organisation should ensure that there is clarity about the distinction between:

  • contract management (the responsibility of the organisation)
  • service management (the responsibility of the supplier)

The Contract Manager should have the mind-set to exceed rather than meet required goals. They will, deal with a constantly changing set of requirements. They need excellent communication and stakeholder management skills. They should be the principal owner of the supplier relationship and contract performance. They will be responsible for business-to-business relationships, contract management performance and contract management competencies, including:

  • monitoring contract and supplier performance against KPIs and other specified performance indicators (in partnership with contract management contributors and end users).
  • monitoring ‘take-up’ and spend through the Framework or Contract
  • managing any reactive/unplanned issues which arise in relation to the contract(s)
  • communication of performance and efficiency gains as a result of MI analysis
  • drafting and issuing supplier or customer surveys where appropriate
  • chairing and managing performance reviews with the supplier. This includes end user feedback, and disseminating outcomes
  • managing any major performance issues and complaints
  • facilitating and championing supply chain innovation, continuous improvement initiatives and best practice
  • managing Framework Agreement variations, and communicating outcomes
  • managing the extension of any optional extension periods (and/or the re-tender process and the supplier Exit Strategy)
  • providing guidance and advice to end users as necessary
  • MI validation

 

Procurement / Commercial Team

Provides strategic commercial assurance and compliance oversight.

Responsibilities

  • Advises on governance, contractual interpretation, and commercial risk.
  • Oversees contract variations, ensuring legal/commercial compliance.
  • Supports annual contract reviews and strategic supplier assessments.
  • Ensures adherence to Procurement Journey requirements.
  • Provides market intelligence and benchmarking for Route 3 suppliers.
  • Supports re-tendering and transition planning.
  • Escalates issues involving non-compliance, breach, or poor Value For Money (VFM).

 

Technical / Service Leads

Ensures the service delivered meets required operational standards.

Responsibilities

  • Monitors technical KPIs (e.g., quality, service levels, system availability)
  • Reviews technical incidents, root cause analysis, and supplier proposals
  • Approves technical changes, solution upgrades, or configuration
  • Confirms delivery of milestones, outputs, and deliverables
  • Provides expert advice in performance review meetings
  • Ensures security, data protection, and health & safety compliance

 

Finance Lead

Ensures financial governance and cost control.

Responsibilities

  • Verifies supplier invoices, reconciliations, and financial performance
  • Tracks budgets, forecast spend, and identifies cost variances
  • Oversees financial risk (e.g., indexation, inflationary impact)
  • Assesses gainshare, efficiency savings, or cost-avoidance proposals
  • Supports financial viability assessments of the supplier
  • Ensures compliance with finance regulations and the Scottish Procurement Finance Manual (SPFM)

     

Risk, Assurance & Legal

Provides corporate oversight and risk assurance.

Responsibilities

  • Supports contract risk assessment and escalation
  • Ensures compliance with legal, regulatory, and statutory obligations
  • Reviews serious incidents, conflicts of interest, and audit findings
  • Advises on disputes, breaches, or termination scenarios
  • Ensures appropriate approvals for major variations

 

Supplier Relationship Manager 

Used in mature organisations or for strategic suppliers.

Responsibilities

  • Manages strategic partnership relations beyond day-to-day operations
  • Facilitates innovation, improvement, and long-term planning
  • Supports relationship health checks and strategic alignment reviews
  • Provides insight to category strategies and portfolio management

 

Contract Users / Operational Stakeholders

Front line staff who use or receive the service.

Responsibilities

  • Report issues, risks, or non-compliance in service delivery
  • Participate in user feedback, testing, or acceptance processes
  • Monitor operational performance that cannot be seen centrally

Stakeholders/end users contribute to contract and supplier management process by:

  • supporting and championing supply chain innovation, continuous improvement initiatives and best practice
  • facilitating the validation of end user feedback on contract and supplier performance
  • contributing data to allow the  monitoring of supplier performance against KPIs and other specified performance indicators
  • contributing to performance reviews with the supplier
  • participating in the annual performance review
  • operational management of compliance, supply, demand and payment at a local level
  • managing supplier relationships relating specifically to operational issues
  • providing contract/supplier performance data to contract management contributors
  • referring supplier performance issues to the Contract Manager
  • leading, supporting and championing supply chain initiatives

 

Supplier-Side Contract Manager

The supplier’s accountable representative.

Responsibilities

  • Ensures contractual commitments are delivered
  • Provides performance data, KPIs, and improvement plans
  • Manages issue resolution and escalations
  • Ensures appropriate governance and resourcing on the supplier side
  • Leads corrective actions and service improvement initiatives

Key Responsibilities Across the Contract Lifecycle

Contract Mobilisation (0–6 months)

  • Confirm roles, governance, and escalation routes
  • Set up KPI dashboards and or balanced scorecard and reporting
  • Validate staffing, resourcing, and readiness plans
  • Baseline performance and risks
  • Ensure alignment with relevant commodity strategies and/or tender documents as appropriate

 

Business-as-Usual Delivery

  • Monthly operations meetings.
  • Quarterly performance review meetings
  • Annual strategic review
  • Continuous improvement and corrective action plans
  • Audit compliance checks

 

Contract Variations and Change Control

  • Transparent documentation
  • Impact assessments (cost, legal, risk)
  • Approval workflows
  • Communication to all stakeholders

 

Contract Risk Management

  • Maintain a live risk register.
  • Risk scoring aligned with organisational frameworks
  • Track mitigations and assurance actions
  • Escalate red-rated risks promptly

 

Supplier Relationship Management (SRM)

  • Relationship mapping (operational, tactical, strategic)
  • Health checks or relationship assessments
  • Joint improvement or innovation workshops
  • Annual contract and supplier balanced scorecard

Typical Meeting Structure

Monthly Operational Meeting

  • KPI review
  • Incidents, issues, and progress
  • Short-term actions

 

Quarterly Performance Review

  • Full balanced scorecard
  • SLA performance
  • Financial performance
  • Change proposals
  • Risk and compliance

 

Annual Strategic Review

  • Value-for-money assessment
  • Market comparison
  • Business continuity and resilience
  • Innovation and sustainability review
  • Long-term planning

Documentation Requirements

Medium/ high-value, medium/high-risk contracts should maintain:

  • Contract Management Plan
  • KPI dashboard and/or Balanced Scorecard
  • Risk Register
  • Issue Log and Action Tracker
  • Change Control Register
  • Supplier Performance Reports
  • Governance plan
  • Relationship Maps

You will find below a complete Roles & Responsibilities RACI Matrix and a detailed Contract Governance Framework tailored for medium/high-value, medium/high-risk contracts in the Scottish public sector.

Everything is presented in clean, reusable formats that you can lift into documentation, frameworks, business cases, governance packs, or commodity/service strategies.


RACI Matrix – Medium/High-Value, Medium/High-Risk Contract & Supplier Management

This matrix is available to download at the bottom of the page and use/amend as appropriate.

Roles included:

  • SRO – Senior Responsible Owner / Contract Owner
  • CM – Contract Manager (day-to-day lead)
  • PT – Procurement/Commercial Team
  • SL – Service/Technical Lead
  • FIN – Finance Lead
  • R&A/LEG – Risk, Assurance & Legal
  • SRM – Strategic Supplier Relationship Manager (if applicable)
  • SU – Contract Users / Operational Stakeholders
  • SUP – Supplier-side Contract Manager

RACI stands for Responsible, Accountable, Consulted, and Informed

It is a project management tool used to clarify roles and responsibilities within a project:

  • Responsible: The person or team who actually does the work
  • Accountable: The individual who is answerable for the correct and thorough completion of the task
  • Consulted: Those whose opinions are sought; typically, subject matter experts
  • Informed: Individuals who need to be kept updated on progress or decisions but do not actively contribute to the task

RACI Matrix 

Activity / Responsibility SRO CM PT SL FIN R&A/LEG SRM SU SUP
Develop & maintain Contract Management Plan A R C C C C C C C
Set KPIs, SLAs and Balanced Scorecard A R C C C C C C I
Monthly performance monitoring I R C R C I C C R
Quarterly performance review A R C C C C R I R
Annual strategic review A R C C C C R I R
Approve contract variations A R C C C R C I R
Manage day-to-day supplier relationship I R C C I I C C R
Strategic relationship management A C C I I I R I R
Risk register ownership & updates A R C C C C C I C
Issue/incident management I R C R C C I I R
Financial monitoring & invoice approval I C I I R I I I R
Audit compliance & evidence A R C C C R I I R
Change control management A R C C C R C I R
Business continuity & disaster recovery assurance A R C R C R I I R
Stakeholder communication A R C C I I C R I
Re-tendering & exit planning A R R C C C[LD1]  C I C
Contract close-out activities A R C C C C C I R

R = Responsible | A = Accountable | C = Consulted | I = Informed

Contract Governance Framework

This framework is suitable for medium–large public bodies. It can be applied to any Route 3 contract.

Purpose of the Governance Framework

To ensure:

  • clear accountability
  • robust risk management
  • transparent performance monitoring
  • value for money
  • compliance with Scottish Public Finance Manual (SPFM), Procurement Journey, and internal governance
  • strong supplier relationships while maintaining commercial discipline

 

Governance Structure 

Roles included:

  • SRO – Senior Responsible Owner / Contract Owner
  • CM – Contract Manager (day-to-day lead)
  • PT – Procurement/Commercial Team
  • SL – Service/Technical Lead
  • FIN – Finance Lead
  • R&A/LEG – Risk, Assurance & Legal
  • SRM – Strategic Supplier Relationship Manager (if applicable)
  • SU – Contract Users / Operational Stakeholders
  • SUP – Supplier-side Contract Manager

 

Strategic Governance

  • Senior Responsible Owner (SRO)
  • Accountable for contract outcomes, risk exposure, financial stewardship and overall compliance.
  • Chairs the Annual Strategic Review Meeting.
  • Approves major variations, renewals, extensions, or commercial settlements.
  • Provides updates to Audit & Risk Committee, Board, or Executive Team.
  • Annual Contract Review Board

Participants:
SRO (chair), SRM (if used), CM, PT, FIN Lead, SL, R&A/Legal, Supplier’s senior representative.

Outputs:

  • Strategic performance report
  • Value-for-money assessment
  • Innovation and improvement roadmap
  • Re-contracting or extension decision

 

Tactical Governance

Quarterly Performance Board

Participants:
CM (chair), PT, SL, FIN Lead, R&A/Legal, SRM, Supplier Contract Manager.

Purpose:

Outputs:

  • Quarterly performance pack
  • Improvement action plans
  • Updated risk and issues log

 

Operational Governance

Monthly Operations Meeting

Participants:
CM, SL, PT (as needed), SU representatives, Supplier Ops Lead.

Purpose:

  • Day-to-day performance review
  • Operational issues and incident review
  • User feedback
  • Short-term action logging
  • Verification of KPI data

Outputs:


Key Governance Documents

Below are some suggested documentation that you should keep on record when managing Route 3 - high value, high risk contracts:

  1. Contract Management Plan (CMP)
  2. Performance Management Framework
  3. Contract Risk Register
    • Strategic and operational risks
    • Controls and mitigation
    • RAG scoring
    • Owner and review frequency
  4. Issues & Actions Log
  5. Change Control Register
  6. Financial Monitoring Sheet
    • Budget v. actual
    • Forecasting
    • Invoice validation
    • Indexation tracking
  7. Business Continuity & Disaster Recovery Assurance Checklist
  8. Stakeholder Communication Plan
  9. Exit & Transition Plan

CSM Meetings

The below table provides an example CSM meeting plan, this can be downloaded at the bottom of the page and amended as required to suit your contract.

Roles included:

  • SRO – Senior Responsible Owner / Contract Owner
  • CM – Contract Manager (day-to-day lead)
  • PT – Procurement/Commercial Team
  • SL – Service/Technical Lead
  • FIN – Finance Lead
  • SUP – Supplier-side Contract Manager

 

MeetingFrequencyLed ByFocus
Daily/Weekly Check-ins (optional for high risk)As requiredCM / SUPLive operational issues
Monthly Operations MeetingMonthlyCMKPIs, incidents, actions
Service/Technical ReviewMonthly/QuarterlySLTechnical compliance, security, testing
Quarterly Performance BoardQuarterlyCMPerformance, risk, financials, change control
Commercial & Finance ReviewQuarterlyPT/FINFinancial performance, benchmarking, contract changes
Annual Strategic ReviewAnnuallySROStrategic direction, VFM, future planning
Additional Senior Escalation MeetingsAd hocSRO/PTBreach or critical incident

 

 

Any documents you need are listed below

RACI Matrix

(file type: xlsx)

Engagement Guide for Suppliers

This page lists where suppliers can find support and guidance to engage with Public Procurement in Scotland.

This information can also be downloaded via the link below:

How You Can Engage with Public Procurement In Scotland

Finding bidding opportunities

Framework opportunities

Framework opportunities exist across the different sectors in Scotland.  Our contract registers can help you prepare to bid for the opportunities or to approach others suppliers in the supply chain:

Construction Procurement

  • The Scottish Government are taking forward a number of actions to improve the procurement of public sector construction projects
  • The Construction Pipeline Forecast Tool provides a look forward as to the anticipated public sector spend with construction.
  • Guidance for the public sector on setting up Project Bank Account is published on gov.scot

Innovation

We are calling in suppliers and citizens to submit their proposals for innovations goods and services to the Scottish public sector.

Scotland Innovates provides a landing zone for current and potential suppliers looking to promote new ideas for innovative products and services.

CivTech is a Scottish Government Programme that brings the public, private and third sectors together to build things that make people's lives better.

Engaging with Public Sector Buyers

Guidance, training, and policy notes

Contact Scottish Government Procurement at:  

Scottish Government - Procurement and Property (@ScotProcurement) / X or Scottish Government - Procurement and Property | LinkedIn

Survey of suppliers to the Scottish public sector

In late 2024, we carried out a survey to better understand how suppliers experience the public procurement process. The published report summarising the findings can be found on our website. 

The survey aimed to help us better understand the Scottish public procurement process from the perspective of suppliers. The survey covered respondents’ bidding patterns, feedback received on their bids, the journey for suppliers, the sustainable procurement duty, challenges and support for bidders, consortium bids, sub-contracting, training and capacity building, and overall perceptions of public procurement in Scotland.

If you have any enquiries, please contact: scottishprocurement@gov.scot

 

An Example of AI Being Used to Write Bid Content

The following is an example of what can be generated by AI with minimal input from the bidder.

Scenario

A bidder uses AI to construct a bid response on Fair Work First for a tender.  

Prompts provided by the bidder in an AI system:

  • can you tell me how I can ensure that Scottish Government Fair Work First criteria are written into my bid to work as a catering supplier?
  • can you tell me how to add in a reference to the Scottish Government and equality?
  • can you help me write the bid?

The AI could produce the following response:

Of course! Here's a draft of your bid incorporating references to the Scottish Government's equality requirements:

Bid: Catering Services with a Commitment to Equality and Fair Work

Introduction: At [Your Company Name], we are dedicated to providing exceptional catering services while upholding the highest standards of equality, diversity, and fair work practices. With a firm commitment to promoting inclusivity and supporting the Scottish Government's equality agenda, we are proud to submit our bid for consideration as your catering supplier.

Our Commitment to Equality: [Your Company Name] recognizes the importance of equality in the workplace and is committed to ensuring that all employees are treated with dignity, respect, and fairness. We align our practices with the principles set forth by the Scottish Government, including those outlined in the Equality Act 2010 and the Fair Work Framework.

Key Features of Our Equality Policies:

  1. Inclusive Recruitment: We employ inclusive recruitment practices to ensure that our workforce reflects the diverse communities we serve. We actively encourage applications from individuals of all backgrounds and identities, including those from underrepresented groups.
  2. Diversity Training: We provide regular diversity and inclusion training to all employees to foster a culture of understanding, respect, and acceptance. This training covers topics such as unconscious bias, cultural competence, and LGBTQ+ inclusion.
  3. Equal Opportunities: We are committed to providing equal opportunities for career development and advancement to all employees, regardless of their background, gender, race, age, sexual orientation, or disability status. Promotion decisions are based solely on merit and performance.
  4. Work-Life Balance: We support work-life balance initiatives, such as flexible working arrangements and parental leave policies, to accommodate the diverse needs of our employees and promote their well-being.
  5. Accessibility: We strive to ensure that our workplace and facilities are accessible to employees of all abilities. Reasonable accommodations are provided to employees with disabilities to enable their full participation and inclusion in the workplace.
  6. Monitoring and Reporting: We regularly monitor and report on our equality performance to identify areas for improvement and track progress over time. We are transparent about our practices and welcome feedback from employees and stakeholders.

Alignment with Scottish Government's Equality Agenda: [Your Company Name] is fully aligned with the Scottish Government's commitment to promoting equality, diversity, and inclusion in the workplace. Our fair work policies reflect the principles outlined in the Scottish Government's equality legislation and initiatives, and we are dedicated to supporting the government's efforts to create a fairer and more inclusive society.

Conclusion: In choosing [Your Company Name] as your catering supplier, you can trust that you are partnering with a company that shares your values and is committed to promoting equality, diversity, and fair work practices. We look forward to the opportunity to work with you and contribute to the success of your organization.

Should you require any further information or clarification, please do not hesitate to contact us.

Sincerely, [Your Name] [Your Position] [Your Company Name] [Contact Information]

While the above provides a reasonable generic response to the Fair Work and Equality aspects of the request, there is no substantive detail as to how the catering company in the example would deliver the service.

This illustrates the fact that bidders should not rely solely on AI to produce a bid. It is always essential that there is human intervention and contribution by bidders prior to submitting their bids.

You should inform bidders that it is their responsibility to check their bid before it is submitted to ensure accuracy and completeness.  Proportional due diligence should also be conducted prior to contract award. 

As always, you should aim to write your tender documents in a way that will result in clear, tangible, responses from your bidders.  This will mitigate against bidders trying to solely use AI generated responses, which tend to be generic and are unlikely to be sufficiently tailored to specific requirements outlined in the ITT.

What do Buyers Need to Know About AI?

Artificial Intelligence (AI) may have an impact on how buyers and bidders function. Below are some of the key considerations for AI in Public Procurement.

Sensitive Information

AI systems share and use information and data that users input e.g. into AI tools or any systems that make use of AI for any purpose.  As a result you should be aware of this and actively manage this risk of sensitive information or copyrighted material being shared inappropriately.

When preparing tender documentation, you should always ensure that you do not add:

  • personal data
  • unpublished/restricted data or
  • data which might suggest future government or public body activity (which may not be in the public domain)

into any AI tools or into any systems which make use of AI for any purpose.

You should also seek advice from data security colleagues in accordance with any internal governance regarding any potential risks of data security breaches associated with any AI data platform you intend to use. 

You should ensure that bidders are made aware that any information that is personal, classified, sensitive or reveals the intent of government or the public body (which may not otherwise be publicly available) included in any tender documentation must not be input by bidders into any AI tools.

If AI can Potentially be Used in the Delivery of  the Service

Buyers should engage with stakeholders in the development of the specification and tender documentation if AI could be used in the delivery of the service.  This should be done in accordance with your organisation's policies and guidance and any associated standards or quality checks that may be required.  Input from colleagues such as AI data policy experts, cyber security or legal advisers is advised in this decision-making process, determining required quality standards, which may require human checking and considering reliance on any particular supplier.

Bidders Using AI to Generate Bids

As the availability and functionality of AI tools grow, bidders may consider, or may already be using AI (including generative AI) to generate their bids.

AI can be used by bidders to help with the initial drafting, formatting and the general quality of bids.

AI may also enable bidders who have the relevant capability and capacity to bid (especially SMEs and third sector businesses) when they would have previously prioritised their bid team resource elsewhere.

However, you should be aware that AI may sometimes also generate inaccurate or misleading statements.  Statements, facts or references generated can appear plausible, but are in fact false. This is because generative AI will gather all information, whether fact or fiction, current or outdated, so it can be inconsistent, misleading or inaccurate.  Generative AI will also try to return the answer or output it thinks you are looking for.  So it is not deliberately misleading, but it can propose information which it has pulled from looking at other similar examples or bids.

Bidders who do not check their bid carefully could accidentally include information which is not accurate because of poor checking rather than as a method or attempting to deliberately mislead.

Whether the response is prepared by the bidder themselves, a bid writer, a consultant or with the aid of generative AI, bidders should be made aware in the tender documentation that it is their responsibility to check their bid before it is submitted to ensure accuracy.

You should consider that, if you expect AI to be used in generating bids, you may wish to carefully think about how you will evaluate very similar bids (although bidders should, of course, be tailoring their bid for the specific procurement).

You may wish to consider and plan, where appropriate, for a general increase in procurement activity.  This is because bidders may use AI to streamline or automate their processes and improve their bid writing capability and capacity, which may lead to an increase in the number of bids you receive.

Equal Treatment, Non-Discrimination and Evaluation

You must adhere to the principles of equal treatment and non-discrimination, irrespective of whether bidders have used AI to generate their bid or not.

As with all bids, buyers should ensure proportionate due diligence is conducted prior to contract award and throughout the duration of the contract, to ensure bidders can deliver the goods and services e.g. clarifications may be required as appropriate.

Considerations for Buyers Using AI

The Central Digital and Data Office (CDDO) leads the UK Government Digital and Data function.  They have produced guidance which should be used by civil servants in relation to their use of AI.

The Scottish Government also advises that personal or sensitive information should not be used in AI tools and promotes this UK Government guidance for civil servants on the use of generative AI.

If you are not a civil servant, you should check if your own organisation has AI guidance/governance procedures which you should use.

As AI is a fast changing area you should ensure you keep up to date with the most relevant guidance.  Like bidders and other users of AI, you will need to check the accuracy of any AI generated information that you use.  You should be aware that AI may sometimes generate inaccurate or misleading statements; where statements, facts or references appear plausible, but are in fact false.  Generative AI will gather all information, whether fact or fiction, current or outdated, so can be inconsistent, misleading or inaccurate.

An Example of AI Being Used in a Bid

The following is an example of what can be generated by AI with minimal input from the bidder.  This same example is also shown on An Example of AI Being Used to Write Bid Content.

An Example of AI Being Used to Write Bid Content

Scenario

A bidder uses AI to construct a bid response on Fair Work First for a tender.  

Prompts provided by the bidder in an AI system:

  • can you tell me how I can ensure that Scottish Government Fair Work First criteria are written into my bid to work as a catering supplier?
  • can you tell me how to add in a reference to the Scottish Government and equality?
  • can you help me write the bid?

The AI could produce the following response:

Of course! Here's a draft of your bid incorporating references to the Scottish Government's equality requirements:

Bid: Catering Services with a Commitment to Equality and Fair Work

Introduction: At [Your Company Name], we are dedicated to providing exceptional catering services while upholding the highest standards of equality, diversity, and fair work practices. With a firm commitment to promoting inclusivity and supporting the Scottish Government's equality agenda, we are proud to submit our bid for consideration as your catering supplier.

Our Commitment to Equality: [Your Company Name] recognizes the importance of equality in the workplace and is committed to ensuring that all employees are treated with dignity, respect, and fairness. We align our practices with the principles set forth by the Scottish Government, including those outlined in the Equality Act 2010 and the Fair Work Framework.

Key Features of Our Equality Policies:

  1. Inclusive Recruitment: We employ inclusive recruitment practices to ensure that our workforce reflects the diverse communities we serve. We actively encourage applications from individuals of all backgrounds and identities, including those from underrepresented groups.
  2. Diversity Training: We provide regular diversity and inclusion training to all employees to foster a culture of understanding, respect, and acceptance. This training covers topics such as unconscious bias, cultural competence, and LGBTQ+ inclusion.
  3. Equal Opportunities: We are committed to providing equal opportunities for career development and advancement to all employees, regardless of their background, gender, race, age, sexual orientation, or disability status. Promotion decisions are based solely on merit and performance.
  4. Work-Life Balance: We support work-life balance initiatives, such as flexible working arrangements and parental leave policies, to accommodate the diverse needs of our employees and promote their well-being.
  5. Accessibility: We strive to ensure that our workplace and facilities are accessible to employees of all abilities. Reasonable accommodations are provided to employees with disabilities to enable their full participation and inclusion in the workplace.
  6. Monitoring and Reporting: We regularly monitor and report on our equality performance to identify areas for improvement and track progress over time. We are transparent about our practices and welcome feedback from employees and stakeholders.

Alignment with Scottish Government's Equality Agenda: [Your Company Name] is fully aligned with the Scottish Government's commitment to promoting equality, diversity, and inclusion in the workplace. Our fair work policies reflect the principles outlined in the Scottish Government's equality legislation and initiatives, and we are dedicated to supporting the government's efforts to create a fairer and more inclusive society.

Conclusion: In choosing [Your Company Name] as your catering supplier, you can trust that you are partnering with a company that shares your values and is committed to promoting equality, diversity, and fair work practices. We look forward to the opportunity to work with you and contribute to the success of your organization.

Should you require any further information or clarification, please do not hesitate to contact us.

Sincerely, [Your Name] [Your Position] [Your Company Name] [Contact Information]

While the above provides a reasonable generic response to the Fair Work and Equality aspects of the request, there is no substantive detail as to how the catering company in the example would deliver the service.

This illustrates the fact that bidders should not rely solely on AI to produce a bid. It is always essential that there is human intervention and contribution by bidders prior to submitting their bids.

You should inform bidders that it is their responsibility to check their bid before it is submitted to ensure accuracy and completeness.  Proportional due diligence should also be conducted prior to contract award. 

As always, you should aim to write your tender documents in a way that will result in clear, tangible, responses from your bidders.  This will mitigate against bidders trying to solely use AI generated responses, which tend to be generic and are unlikely to be sufficiently tailored to specific requirements outlined in the ITT.

Quickfire Guide

Quickfire Guide

Useful Links and Guidance

  • Scotland's AI Strategy - sets out a vision for AI in Scotland and the principles that will guide us, including the Organisation for Economic Cooperation and Development’s AI Principles, and UNICEF’s Policy Guidance on AI for Children. Also, it identifies the actions we’ll take to develop and strengthen our AI ecosystem.
  • The Scottish AI Alliance - a partnership between The Data Lab and the Scottish Government led by a minister-appointed chair and overseen by senior responsible officers from The Data Lab and the Scottish Government. The alliance is tasked with delivering the vision outlined in Scotland’s AI Strategy in an open, transparent and collaborative way. The group provides a focus for dialogue, collaboration and, above all, action on all things AI in Scotland. Its activities are overseen by a leadership group with representation across society and working groups are convened as and when appropriate for specific projects and programmes from across Scotland’s AI community.
  • The Scottish AI Register - use of the Scottish AI Register is now mandatory, initially on a non-statutory basis, for all Scottish Government Departments and Agencies. The register provides information on AI systems in use or in development with the Scottish public sector.  Using the register, you can get to know the basics of those systems, or examine them in more detail, based on your own interests.  You are also invited to ask questions and give feedback, to help develop trustworthy, ethical and inclusive AI systems.  For each use case of AI, citizens can read on the register’s website a short summary in plain English of why and how AI is used, as well as more technical details if they wish.
  • The Scottish AI Playbook - an open, practical guide to how we do AI in Scotland. It is a shared and living asset, embodying Scotland’s AI Strategy ethos of openness, transparency and collaboration. With this in mind, the first iteration of the Scottish AI Playbook is available in a Wiki format, hosting accessible and dynamic content. It allows all users to participate and contribute to the existing resources they find relevant and useful.
  • The UK is a member country of the Organisation for Economic Co-operation and Development (OECD) - you can read more on their principles for using AI.
  • ICO: How to use AI and personal data – guidance from the Information Commissioner’s Office on responsible use of AI and personal data

 

Artificial Intelligence (AI)

What is Artificial Intelligence?

The Scottish AI Alliance defines AI (Artificial Intelligence) as:

“a machine-based system that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments.  Different AI systems vary in their levels of autonomy and adaptiveness after deployment."

AI systems, tools and products are part of a rapidly growing and evolving market.  As the availability and functionality of AI tools grows, bidders may consider, or may already be using, AI (including generative AI – please see more detail on this below) to produce their bids.

Scotland’s AI Strategy sets out the vision for Scotland to become a leader in the development and use of trustworthy, ethical and inclusive AI.

The use of trustworthy, ethical and inclusive AI by bidders and buyers (in accordance with their public body’s policies and guidance) is not prohibited during the procurement process.  However, your organisation should undertake proportionate actions (in accordance with your policies and guidance) to mitigate any risks and maximise any benefits which AI may present.

Types of AI

There are several different types of AI systems that are increasingly used at present and offer a variety of applications and outputs.  You can find out more about these below:

Generative AI

Generative AI is a subset of AI that focuses on creating new data.  Unlike AI systems that are designed for specific tasks, Generative AI system models can generate new content, such as text, images, or music, based on the prompts and input from the user at the outset.  It will gather and use information and data from many sources.  

This can prove to be a useful tool for users but can also result in the information gathered containing inconsistencies or inaccuracies. As such, outputs must be carefully checked for reliability.

Large Language Models

Large Language Models (LLMs) are a subset of Generative AI specifically focused on language-related tasks. LLMs understand and generate human-like text. An example is ChatGPT which demonstrates the capabilities of generative AI in understanding and producing natural language responses.

Intelligent Automation

Intelligent automation (IA) refers to the use of advanced technologies such as artificial intelligence (AI), machine learning (ML), robotic process automation (RPA), and data analytics to enhance and streamline processes across the public sector. IA automates tasks, improves decision-making through data analysis, and reduces human error. This can lead to greater efficiency, transparency, and compliance, helping to deliver better public services while ensuring responsible use of resources and improved operational outcomes.

 

 

You can find out more about AI by reading the next page What Do Buyers Need to Know About AI?