Disclaimer and Definitions

The Procurement Journey:

  • is intended to support all levels of procurement activities and to help manage the expectations of stakeholders, customers and suppliers. It facilitates best practice and consistency across the Scottish public sector.
  • provides one source of guidance and documentation for the Scottish public sector.
  • is updated on a continual basis with any changes in legislation, policy and facilitates best practice and consistency.
  • has been developed as an online tool, and not a manual, however you can print the text by using the 'printer friendly' option on each page. 
  • is compliant with the Public Contracts (Scotland) Regulations 2015, Procurement (Scotland) Regulations 2016 and the statutory guidance.

We would strongly encourage you to use the source documentation in the Procurement Journey for every procurement exercise.  This will ensure you are always using the most recent guidance and templates on an ongoing basis. 

The term "supplier" is used throughout the Procurement Journey and refers to both suppliers and service providers.

The Journey is designed to be used in conjunction with guidance on current public procurement legislation and the Scottish Procurement Policy Handbook (currently being updated). It is also consistent with the use of electronic procurement systems for example, those provided as part of the Scottish Government’s national eCommerce Shared Services.

The guidance is designed for use by professional procurement staff or staff who are authorised by their Organisation's Procurement Function and/or formally authorised by the Organisation to conduct procurement activities.

This guidance is not a substitute for legal and professional advice. You must consult with relevant procurement, legal and technical staff wherever appropriate. You should ensure, when working with this guidance that you identify and comply with any relevant internal Organisation guidelines, policies or procedures. 

Construction/Works Procurements

The Construction Procurement Manual should be consulted for detailed guidance on works and construction related projects, however, the ESPD (Scotland) can be used for works and construction spend. The Construction Procurement Manual is continually updated to reflect industry best practice and any legislative changes, if you have any queries the Construction Procurement Policy Unit would be please to answer any questions and can be contacted at: constructionprocurementreview@scotland.gsi.gov.uk.

Decisions of the Court of Justice of the European Union and the national courts provide interpretation of the requirements of the EU Treaty and the EU Procurement Directives and can establish precedents which must be observed. Caselaw, by its nature, is constantly evolving and can have significant effects.

The legal framework is not static: it evolves through new/amended legislation, through European Commission decisions/guidelines and through court judgments. Every public body should therefore ensure that it has appropriate arrangements in place to ensure that staff involved in procurement activity are kept up to date with developments in the legal framework and are equipped to meet their legal obligations.