Scottish procurement and commercial competency framework

Process (How): Implementation – Tender

Contract Law and Terms and Conditions [back to list]

Theme:

Define the specific rights, responsibilities, and obligations of the parties in an agreement. These include pricing, payment terms, delivery schedules, performance requirements, warranties, liability, termination clauses and dispute resolution mechanisms. Articulating key terms and conditions of product or service delivery can be the difference between a sustainable and competitive deal and one that challenges contract delivery.

Why it matters:

Well-structured contract terms can help mitigate risks, improve supplier performance, and ensure value for money. Critical to ensuring that we understand and agree clear key performance indicators that define expectations for the entirety of the contract to allow better measurement and management of risks, service, and performance supported within a legally binding framework.

Level 1 – Foundation:

• Aware of key contract terms and conditions, and performance indicators.

Global Standards: None

Level 2 – Working Knowledge:

• Understands and applies key contract clauses in commercial agreements and validates that contracts for the supply of goods and services comply with policy, legislation, and regulations.
• Reviews processes and procedures for creating contracts, to ensure compliance with legal requirements and advises on potential changes required with clear and justified recommendations.

Global Standards: CIPS: 8 Managing

Level 3 – Practitioner:

• Interprets and advises on key legislation, regulations and commercial implications relating to the formation of contracts, addressing key aspects such as intellectual property rights, data protection, confidentiality, cyber security, information security, and TUPE.
• Manages key contract clauses and recommends appropriate actions in event of any default of breach of contract.
• Identifies and mitigates potential risks and recommends courses of action to resolve disputes, contract variations, claims, or compensation events.

Global Standards: CIPS: 8 Managing, 13 Managing

Level 4 - Expert:

• Leads the development of contracting options, contract forms, appropriate pricing arrangements, and wider contract terms for major programmes and projects.
• Interprets core clauses included in contract forms and makes the required revisions to optional clauses and schedules.
• Advises on appropriate legal framework to support the performance of contractual requirements.

Global Standards: CIPS: 8 Leading, 13 Leading

Level 5 – Leader:

• Sets the organisational approach to ensure contracting development and practice aligns with government policy and enabling sustainable value for money solutions.
• Oversees complex, high-risk, and high-value contracts, directing activities where escalation or contract failure arises.

Global Standards: CIPS: 8 Influencing, 13 Influencing

Regulated Tender Process [back to list]

Theme:

The key principles are transparency, equality, fairness, proportionality and non-discrimination. Managing the tender process in accordance with procurement regulation is a responsibility of individuals and the organisation.

Why it matters:

Regulated tendering is a legal requirement, with rules and guidelines that must be adhered to avoid legal challenges and bringing public procurement into disrepute. Understanding and being able to demonstrate adherence to procurement regulation requirements of tendering is therefore critical.

Level 1 – Foundation:

• Supports the tendering process, by gathering market information and analysis, as guided by colleagues.
• Assists in lower-level sourcing activities.

Global Standards: APM: Procurement (1 Aware)

Level 2 – Working Knowledge:

• Appreciates the impact that procurement legislation has on the procurement processes of public bodies.
• Contributes to tender processes and takes responsibility for tender documents for low-value, low-risk products and services.

Global Standards: CIPS: 13 Delivering, APM: Procurement (2 Practised)

Level 3 – Practitioner:

• Has thorough knowledge of legislation and its applications
• Manages complex commodity tender processes and, where applicable, estates works, ensuring full compliance to standards and practices for tendering.
• Experience using e-tendering systems for the implementation of tender arrangements.

Global Standards: CIPS: 13 Managing, APM: Procurement (3 Competent)

Level 4 – Expert:

• Guides colleagues on regulations, including more complex routes to market, for example, Competitive Dialogue, Innovation Partnerships, and applies this knowledge to high-value, high-risk procurements.
• Ensures procurement strategies, policies, and procedures comply with legislative and regulatory requirements to achieve strong commercial outcomes.

Global Standards: CIPS: 13 Leading, APM: Procurement (4 Proficient)

Level 5 – Leader:

• Shapes and embeds tendering strategy and policy improvements, aligned to best practice tendering across the organisation.
• Accountable for managing challenges or breaches and the associated risks.
• Drives procurement transformation by improving tendering efficiency and compliance.

Global Standards: CIPS: 13 Influencing, APM: Procurement (5 Expert)

Tender Evaluation [back to list]

Theme:

The tender evaluation process should be open and transparent, and evaluate the bid against clearly defined criteria, underpinned by competent evaluators.

Why it matters:

Requires a clear, transparent, and structured process that can stand up to scrutiny and challenge by stakeholders and suppliers if the process, or organisation, is not to be brought into disrepute. The competency of evaluation panel members is crucial and they must have a clear understanding of their role and responsibility.

Level 1 – Foundation:

• Under guidance contributes to the assessment of low value and smaller tenders.
• Understands the differences between selection and award criteria and correctly applies these to deliver value for money.

Global Standards: None

Level 2 – Working Knowledge:

• Evaluates potential suppliers’ pre-qualification or pre-contract assessments using objective criteria, scoring/weighting, and makes recommendations to support decision.
• Identifies evaluation risks and ensures any decisions are clear and transparent.

Global Standards: CIPS: 8 Delivering, 13 Delivering

Level 3 – Practitioner:

• Evaluates tenders using objective criteria, applying weighting and scoring processes to ensure transparency in decision making.
• Undertakes ratio analysis, understanding liquidity, gearing, investment, and profitability requirements, where appropriate and within limits.
• Selects and recommends the best supplier, with clear and justifiable rationale to support any award and debrief.

Global Standards: CIPS: 8 Delivering, 13 Managing

Level 4 – Expert:

• Reviews and evaluates the findings of major tenders across a complex range of programmes and commodities, applying the key criteria and weighting, where appropriate, holds tender panel discussions to manage points of clarification.
• Analyses key ratios for profitability, liquidity, gearing, and investment requirements, in order to evaluate sustainability of suppliers for the longevity of the project, programme, or commodity supplies.
• Ensures full risk assessments are undertaken on the tender evaluation process and after award, to avoid challenge and public disrepute because of the process.
• Able to feed lessons learned from the contract and supplier management process into the selection and/or award criteria development.
• Leads the development of a robust, transparent, and structured process for tender evaluation, which reflects governance and compliance requirements.

Global Standards: CIPS: 8 Leading, 13 Leading

Level 5 – Leader:

• Defines the organisation’s approach to tender evaluation and supplier selection.
• Drives improvements in supplier evaluation methodologies to enhance procurement efficiency.
• Drives procurement transformation through innovative technology solutions.
• Accountable for the organisation’s tender process and any challenges arising.

Global Standards: CIPS: 8 Influencing, 13 Influencing

Award and Debrief [back to list]

Theme:

Award and debrief is a critical requirement of the overall tendering process. It is the formal selection and notification of the successful supplier and unsuccessful suppliers after the tender evaluation process. It ensures that the chosen supplier meets the required financial, technical, and operational criteria and provides best value for money.

Why it matters:

Award and debrief is an opportunity to provide feedback to suppliers that could be usefully applied. It is also a potential mechanism for avoiding a challenge to the tender outcome.

Level 1 – Foundation:

• Supports the administration of award and de-brief requirements.

Global Standards: None

Level 2 – Working Knowledge:

• Prepares the supporting documentation for award and de-brief, ensuring that all compliance requirements are met to avoid the risk of challenge.
• Identifies risks and proposes mitigation measures.

Global Standards: CIPS: 8 Delivering, 13 Delivering

Level 3 – Practitioner:

• Lead on the final assessment of suppliers and the associated de-brief arrangements for commodities, services, or works.
• Ensures that the award and debrief is factual, precise, and transparent, in line with the agreed criteria and managed to reduce the risk of challenge.

Global Standards: CIPS: 8 Managing, 13 Delivering

Level 4 – Expert:

• Prior to de-brief, ensures the complexity of the respective bundles, dependencies of award, and interrelationships of bids to other suppliers.
• Leads on and oversees good practice and compliance in the final assessment of suppliers of complex projects and programmes and ensures the associated de-brief arrangement is factual, precise, and transparent, in line with the agreed criteria and managed to reduce the risk of challenge.
• Provides guidance on award and debrief processes, ensuring compliance with contract award requirements. Establishes a structured platform for supplier feedback and manages external challenges effectively.
• Capable of resolving escalated issues.

Global Standards: CIPS: 8 Leading, 13 Leading

Level 5 – Leader:

• Defines award and debrief policies to enhance transparency and supplier engagement.
• Shapes the organisation’s strategies and policies on contract award.
• Leads procurement transformation initiatives to improve the award and debrief processes.
• Accountable for the organisation’s award and debrief process and any challenges arising.

Global Standards: CIPS: 8 Influencing, 13 Influencing

Negotiation [back to list]

Theme:

Negotiation is a key element of any procurement, and indeed of any supplier and/or supply chain management situation, in delivery of an effective sourcing or supply solution. Strategic process of discussing, influencing and reaching mutually beneficial agreements. It involves securing the best value for money, ensuring risk mitigation, and aligning contract terms with organisational objectives.

Why it matters:

Effective negotiation is crucial for supplier management, cost reduction, service quality and long-term collaboration. It drives value, delivers the right commercial and/or policy outcomes, and provides an opportunity for added value to be built into the acquisition. It allows for the consideration of innovation and may provide a platform to enhance customer deliverables.

Level 1 – Foundation:

• Understands basic negotiation principles and supplier discussions.
• Undertakes, under specific guidance, the analysis of data and information to support negotiation planning.

Global Standards: None

Level 2 – Working Knowledge:

• Understands and applies the principles of negotiation, analysing, and preparing data for negotiation planning.
• Under guidance, participates in negotiation meetings and gains experience of leading negotiations for smaller projects and low-value, low-risk contracts.

Global Standards: CIPS: 13 Delivering, Communication: Delivering, CMI: Personal Effectiveness (1)

Level 3 – Practitioner:

• Develop plans and tactics for negotiation based upon the commercial and non-commercial drivers and objectives, in line with policy and legislation.
• Leads negotiations for high-value, high-risk contracts across multiple market sectors, ensuring value, risk mitigation, and strong supplier relationships.

Global Standards: CIPS: 13 Managing, Communication: Managing, CMI: Personal Effectiveness (2)

Level 4 – Expert:

• Demonstrates extensive knowledge and experience of when and how to engage in complex negotiations across multiple projects and programmes.
• Leads on complex and strategically important negotiations, setting objectives, and establishing tactical approaches for the negotiation.
• Provides advice and direction on negotiations to the procurement team and others within the organisation.

Global Standards: CIPS: 6 Leading, 13 Leading, Communication: Leading, CMI: Personal Effectiveness (3)

Level 5 – Leader:

• Shapes the organisation’s negotiation strategies and influences procurement policy.
• Represents the organisation in procurement negotiations and participates in escalated contract negotiations, as well as those that are politically sensitive.
• Drives innovation through negotiation, such as joint ventures, sustainability agreements, and supply chain resilience initiatives.

Global Standards: CIPS: 13 Influencing, Communication: Influencing, CMI: Personal Effectiveness (4)