Rules and ethics
Part of Marketing Agency Tender: England and Wales Guide
Marketing Agency Tender: England and Wales Guide
A marketing agency tender guide for England and Wales, with public-sector thresholds, five process stages, bid scoring and data-protection considerations.
What to take away
- A tender suits work where three or more credible agencies could deliver and you need a record of why you chose one.
- Public bodies in England and Wales use the Procurement Act 2023 framework; Scotland and Northern Ireland have separate arrangements outside this guide.
- Fix evaluation criteria and weights before you read any bid, then score every agency on the same sheet.
- Circulate clarification answers to every bidder at the same time.
- Most tenders fail on vague scope rather than price.
When a private tender earns its keep
An ordinary private company can usually choose an agency without running a tender. Public bodies in England and Wales must follow applicable procurement rules; this section focuses on private-sector tenders.
Run a full tender when the contract is significant against your marketing budget, when several agencies are credible, or when a board wants a defensible decision. For spend under roughly £25,000 a year, three written proposals and two references are usually quicker and just as reliable.
Once you publish a process, follow it. English courts have treated a stated tender procedure as something bidders can rely on, so keep the deadline and scoring method you set out.
Public sector rules and thresholds
Public bodies must advertise above-threshold contracts and run a regulated competition. The Procurement Act 2023 took effect on 24 February 2025 for new procurements; procurements started under the Public Contracts Regulations 2015 (PCR 2015) remain governed by that previous framework. This guide covers England and Wales; Scotland and Northern Ireland have separate procurement arrangements not covered here.
UK Procurement Thresholds 2024
- £139,130Central government goods and services
- £214,904Other contracting authorities
- £5,372,609Works contracts
Thresholds are reviewed about every two years. The thresholds in force from 1 January 2024 were £139,130 for central government goods and services, £214,904 for other contracting authorities and £5,372,609 for works; these same amounts apply to procurements under the Procurement Act 2023, according to Cabinet Office threshold guidance.
Notices above the threshold go to Find a Tender, which replaced the OJEU after the UK left the EU; under the Procurement Act 2023, notices are published through the Central Digital Platform (CDP), accessed via Find a Tender. Lower-value contracts may appear on Contracts Finder, but it is not a complete route for Wales: Welsh buyers and suppliers should also check Sell2Wales, the Welsh public sector procurement portal, for Welsh opportunities, including lower-value ones. Welsh public bodies should also consult the Welsh Procurement Policy Statement.
For a new-regime competition, a tender notice invites bids, the Invitation to Tender (ITT) sets out the specification and response requirements, and a contract award notice announces the result. For a procurement started under the Public Contracts Regulations 2015 (PCR 2015), the older document set includes a contract notice and Standard Selection Questionnaire (SQ). Before launching a standalone tender, check whether an in-scope Crown Commercial Service (CCS) framework is available to your organisation and follow its call-off rules if you use it.
The GOV.UK guidance on public-sector procurement sets out the open, restricted and competitive flexible procedures available. Under the Procurement Act 2023, the competitive routes are open and competitive flexible; restricted applies to procurements governed by PCR 2015.
Running the process: five stages
Work back from your contract start date and allow six to eight weeks from issuing the RFP to award.
Five stages of a tender
- Define the scope
- Shortlist five to eight agencies
- Issue the RFP
- Answer questions in writing
- Score bids alone, then moderate
- Define the scope. Cover objectives, deliverables, budget range, contract length and how success will be measured. Vague scope is the main reason bids cannot be compared.
- Shortlist five to eight agencies. Check sector experience, ask who would run the account and take references.
- Issue the RFP. Include a response template, the scoring grid, the timetable and one contact for questions.
- Answer questions in writing and send every answer to all bidders at once.
- Score bids alone first, then moderate as a panel before presentations.
How to weight and score bids
Set weights before bids arrive and publish them in the RFP. Quality and price should not be framed as a straight fight, because a cheap bid that cannot deliver the plan is not cheap.
| Criterion | Typical weight | Evidence to look for |
|---|---|---|
| Strategic and audience thinking | 25% | A clear diagnosis rather than a channel list |
| Proposed plan and channel mix | 20% | Budget split, testing plan, measurement |
| Team and sector experience | 15% | Named team, comparable clients, references |
| Measurement and reporting | 10% | Definitions, dashboards, review cadence |
| Price and commercial terms | 30% | Day rates, retainer, media commission, notice period |
Ask for day rates and a monthly breakdown rather than one lump sum. Compare each bid's cost with its scope and deliverables; the marketing agency retainer fees page provides context on retainer models, not a tender benchmark.
Common pitfalls and data protection
Bid responses contain personal data, including CVs, referee contacts and named client references. As the organisation collecting that material you are the controller, so tell bidders how their documents will be stored and deleted. Handle the data in line with the UK GDPR and Data Protection Act 2018, and follow the ICO guide to data protection.
Keep bids sealed until the deadline and log who opened them and when. Tell unsuccessful agencies their score and the main reason, without handing over another firm's confidential plan.
Common questions
Does a private company have to tender for marketing services?
No. An ordinary private company does not have to tender for marketing services. Public procurement rules apply to public bodies; a private tender is voluntary, but once you publish the rules you should keep to them.
What should a marketing agency RFP template include?
Scope, budget range, contract term, timetable, a response template, evaluation criteria with weights, and the contact for clarifications. Add any mandatory policies, such as data protection or applicable modern slavery statement requirements under the Modern Slavery Act 2015.
Should tender prices include VAT?
Ask for net figures in the RFP and say so in the scoring notes. A VAT-registered agency adds 20% to its fees, so comparing gross totals can mislead. Our guide to whether marketing agencies charge VAT explains the registration threshold.
How many agencies should we invite?
Five to eight. Fewer than three gives no real comparison, and more than eight slows scoring without improving the winner.
