Best Government Contract Lawyers in Aberdeen

About Government Contract Law in Aberdeen, United Kingdom

Government Contract in Aberdeen sits within Scotland’s public procurement regime. When public sector bodies in or around Aberdeen - such as Aberdeen City Council, Aberdeenshire Council, NHS Grampian, universities, colleges, and other public authorities - buy works, services, or supplies, they must follow Scottish procurement laws and policies. These rules are designed to ensure transparency, value for money, fair competition, and lawful treatment of bidders. The practical gateway for most opportunities is the national advertising portal Public Contracts Scotland, and many procurements are run through PCS-Tender. Suppliers of all sizes, including local SMEs and third sector organisations, can compete for work ranging from social care and construction to IT, facilities, transport, and consultancy.

Aberdeen has an active pipeline due to local authority infrastructure, health sector needs, education sector projects, and regional economic development. Many procurements also reflect Scottish policy priorities such as Fair Work, sustainability and climate considerations, community benefits, and prompt payment down the supply chain. Understanding the Scottish rules, procedures, and timelines is essential to identify the right opportunities, submit compliant bids, and if necessary raise concerns or seek remedies.

Why You May Need a Lawyer

You may benefit from legal advice if you are deciding whether to bid, shaping a bid strategy, or seeking to resolve a dispute. Common situations include interpreting complex tender documents and specifications, advising on selection and award criteria and how they are scored, confirming that proposed consortium or subcontracting structures meet eligibility and exclusion rules, and preparing compliant responses to the Scottish Single Procurement Document and quality questions.

Legal support can be critical when negotiating terms and conditions, risk allocation, and liability caps, reviewing TUPE implications for staff transfers in service contracts, advising on data protection, cyber security, and information security requirements, and addressing insurance levels, bonds, or parent company guarantees. Lawyers also help with social value and policy expectations such as Fair Work First and community benefit commitments, protecting confidential information and intellectual property during the process, and challenging procurement decisions where there may have been a breach of the rules or lack of fair treatment.

If you are a contracting authority, a lawyer can help design compliant procedures, draft robust tender documents, evaluate bids lawfully and consistently, manage debriefing and standstill, deal with freedom of information requests, and defend or resolve challenges efficiently.

Local Laws Overview

In Aberdeen, the primary legal framework for Government Contract is the Scottish procurement regime. Key instruments include the Procurement Reform Scotland Act 2014, the Public Contracts Scotland Regulations 2015, the Utilities Contracts Scotland Regulations 2016, and the Concessions Contracts Scotland Regulations 2016. These sit alongside Scottish Procurement Policy Notes, statutory guidance, and case law. Scotland’s regime is separate from the Procurement Act 2023 that applies in other parts of the United Kingdom for most procurements.

Regulated procurements under the 2014 Act apply to contracts at or above 50,000 pounds for supplies or services and 2,000,000 pounds for works. Above the relevant international thresholds, the 2015 Regulations apply. Thresholds are reviewed periodically and are inclusive of VAT, so suppliers should check the latest Scottish Government notices for current figures. Many lower value opportunities are run through Quick Quote on Public Contracts Scotland.

Common procedures include open and restricted procedures, and for more complex needs competitive procedure with negotiation, competitive dialogue, or innovation partnership. Contracting authorities must advertise appropriately, apply selection and award criteria transparently, and treat bidders equally and without discrimination. The Scottish Single Procurement Document is used for exclusion grounds and selection criteria, and buyers must consider proportionate requirements to avoid unnecessary barriers to SMEs and third sector participation.

Evaluation typically combines quality and price, with award to the most economically advantageous tender. Scottish policy requires buyers to consider the sustainable procurement duty - improving economic, social, and environmental wellbeing in the area, facilitating SME participation, and encouraging supported businesses. Community benefit requirements must be considered for relevant procurements at or above 4,000,000 pounds. Fair Work First policies, including payment of the real Living Wage to workers delivering the contract, effective voice, and appropriate channels for dispute resolution, are often evaluated and contract managed.

Standstill rules apply before contract signature, usually a minimum of 10 calendar days for electronic communications. Bidders have rights to feedback and debrief information to understand scores and the reasons for award. Remedies include automatic suspension of contract making if proceedings are issued before signature, ineffectiveness in certain serious breach cases, and damages. Strict time limits apply. In most cases a claim must be brought within 30 days of the date the bidder knew or ought to have known of the alleged breach, so early legal advice is important. In Scotland, procurement challenges are raised in the Court of Session.

Other laws and policies frequently relevant include the Subsidy Control Act 2022 for grants and concessions, UK GDPR and the Data Protection Act 2018 for data handling, Freedom of Information Scotland Act 2002 for disclosure and confidentiality considerations, health and safety law, environmental law, and sector specific standards. Prompt payment down the supply chain, typically within 30 days, is mandatory in most public contracts. Framework agreements and dynamic purchasing systems are widely used, including national arrangements let by Scotland Excel, Scottish Government, NHS National Services Scotland, and occasionally Crown Commercial Service where appropriate.

Frequently Asked Questions

Where do I find Government Contract opportunities in Aberdeen

Most Scottish public sector opportunities are advertised on Public Contracts Scotland. You can register, set up alerts by location and category, and monitor Quick Quote for lower value opportunities. Larger procurements are often run through PCS-Tender. Framework opportunities may also be accessible through Scotland Excel or other central purchasing bodies.

Do the new UK procurement rules under the Procurement Act 2023 apply in Aberdeen

For most Scottish contracting authorities they do not. Scotland has its own procurement laws, so the Scottish regulations and the Procurement Reform Scotland Act 2014 apply. The UK wide regime may apply only in limited reserved areas. When in doubt, check the tender documents and seek advice.

What are the typical thresholds and when do the full rules apply

Scotland has regulated procurement duties for contracts at or above 50,000 pounds for supplies or services and 2,000,000 pounds for works. Above international thresholds, the Public Contracts Scotland Regulations 2015 apply. Thresholds change periodically and are inclusive of VAT, so always check the latest published figures.

How are bids evaluated

Bids are usually evaluated on quality and price against published criteria and weightings, with award to the most economically advantageous tender. Quality criteria often cover methodology, team competence, social value and community benefits, Fair Work, and sustainability. Price evaluation methods differ, so read the scoring model carefully.

What is the standstill period and why does it matter

After a contract award decision, the buyer issues award letters and observes a standstill period, typically at least 10 calendar days when sent electronically. During standstill, unsuccessful bidders may seek clarifications or consider legal options. If proceedings are issued before signature, contract award can be automatically suspended.

How quickly must I challenge a procurement decision

Time limits are short. In most cases you must raise proceedings within 30 days of when you knew or ought to have known of the alleged breach. Different deadlines apply for claims of ineffectiveness. Because the clock starts quickly and extensions are rare, seek legal advice as soon as possible after receiving a debrief.

What is the Scottish Single Procurement Document and how do I complete it

The SPD is a self declaration form used to confirm you meet selection criteria and are not subject to exclusion grounds. Answer every section that is required, ensure consistency with your bid, and be prepared to supply evidence if requested. Keep a library of up to date certificates and references to speed up completion.

Do Fair Work and community benefit requirements affect my bid

Yes. Scottish buyers often score Fair Work First commitments and require credible community benefit proposals, especially for larger contracts. You should set out concrete, measurable commitments such as apprenticeships, local supply chain opportunities, training, and fair pay. Make sure commitments are realistic because they become contractual obligations.

Can I subcontract or bid as part of a consortium

Yes, provided you disclose your intended subcontractors or consortium members where required and demonstrate that the combined team meets the selection criteria. Authorities may assess technical and financial capacity across the group and can require reliance declarations, guarantees, or a lead entity. Flow down of key terms to subcontractors is common, including prompt payment.

How do freedom of information rules affect my bid

Under the Freedom of Information Scotland Act 2002, authorities may receive requests for your bid information. You can identify genuinely confidential information and trade secrets, but the authority will make the final decision based on the law and the public interest. Marking material as confidential helps but is not conclusive, so draft with disclosure in mind.

Additional Resources

Public Contracts Scotland - the national portal for advertising opportunities, notices, and supplier registration.

PCS-Tender - the Scottish eTendering system used to issue documents, submit bids, and manage clarifications.

Single Point of Enquiry, Scottish Government - an independent route for suppliers to raise concerns about a live or concluded procurement without starting legal action.

Scottish Government Procurement and Scottish Procurement Policy Notes - policy guidance and updates on thresholds, Fair Work, sustainability, and procedures.

Scotland Excel - the centre of procurement expertise for local government frameworks widely used by councils including Aberdeen City Council.

Supplier Development Programme - free training and events to help SMEs and third sector organisations bid for public contracts in Scotland.

Law Society of Scotland - find a solicitor with public procurement or Government Contract expertise.

Aberdeen City Council Procurement, Aberdeenshire Council Procurement, and NHS Grampian Procurement - local buyer information and pipelines.

Court of Session - the Scottish court with jurisdiction over procurement challenges.

Next Steps

Define your objective. Identify whether you need support to find opportunities, to prepare a winning bid, to negotiate terms, or to challenge a decision. The type of assistance will guide which lawyer or adviser you need.

Gather key documents. Assemble company accounts, insurance schedules, policies for health and safety, equality, environmental and sustainability, cyber security certifications, references, case studies, CVs, and any third party agreements. Keep these updated to align with SPD requirements.

Map the opportunity. Register on Public Contracts Scotland, set up alerts for Aberdeen and your service categories, review prior award notices to understand buyer preferences, and note key dates such as clarification deadlines and submission deadlines.

Seek early legal input. Ask a Scottish procurement lawyer to review the selection and award criteria, scoring model, and terms and conditions. Early advice can help you qualify properly, avoid exclusion risks, tailor your quality responses, and identify negotiable points.

Plan compliance and delivery. Align your proposal with Fair Work First, community benefits, sustainability, and prompt payment obligations. Ensure your delivery model, subcontracting, and supply chain plans satisfy the specification and contract management requirements.

Protect your position. If you receive an unfavorable award, request a thorough debrief promptly, escalate concerns through the Single Point of Enquiry if appropriate, and seek legal advice immediately if you suspect a breach. Keep a timeline and preserve all communications.

This guide is general information only. It is not legal advice. For tailored advice on Government Contract in Aberdeen, consult a solicitor experienced in Scottish public procurement.