Procurement - desktop client devices framework: buyer's guide

Framework agreement

A framework agreement is a general term for agreements which can be with either single or multiple contractors that set out the terms and conditions under which specific purchases (call-offs) can be made throughout the framework duration.

Scottish Procurement has entered into this framework agreement with a single contractor to ensure organisations may obtain value for money in their purchasing whilst being assured that their procurement is compliant with EU procurement regulations.

In establishing this framework agreement, Scottish Procurement carried out a competition in accordance with EU procurement regulations.

Using a framework agreement saves time and money for organisations and ensures that the terms and conditions of their contract with the contractors are robust and follow best practice.

The Framework commenced on 1 September 2023 The duration of the framework is two years until 31st August 2025, with the option to extend for a further two years. 

It is the responsibility of any buying organisation wishing to use the framework agreement to satisfy itself that it is eligible to do so. Entitlement can be established from the terms of the Find a Tender advert (Reference 2023/S 000-008459 , Section II.2.4 of the advert refers; copy embedded below)

“The Framework Agreement will be available for use by the Scottish Ministers (including Agencies), Scottish Non-Departmental Public Bodies, offices in the Scottish Administration which are not ministerial offices, cross- border public authorities within the meaning of section 88(5) of the Scotland Act 1998, the Scotland Office, the Scottish Parliamentary Corporate Body, councils constituted under section 2 of the Local Government etc. (Scotland) Act 1994, Scottish Fire & Rescue Service, the Scottish Police Authority, Scottish health boards or special health boards, all NHS Scotland, The Integrated Joint Boards established further to the Public Bodies (Joint Working) Act 2014, bodies registered as social landlords under the Housing (Scotland) Act 2001, Student Loans Company Limited, the Forestry Commission, the Commissioner of Northern Lighthouse operating as the Northern Lighthouse Board, Equality and Human Rights Commission, Business Stream Ltd, the Business Gateway National Unit at the Convention of Scottish Local Authorities, further or higher education institutions being fundable bodies within the meaning of section 6 of the further and Higher Education (Scotland) Act 2005, any public body established by or under the Scotland Act 1998 or any Act of the Scottish Parliament, any association of or formed by one or more of the foregoing, bodies financed wholly or mainly by one or more of the foregoing, bodies subject to management supervision by one or more of the foregoing and bodies more than half of the board of directors or members of which, or, in the case of a group of individuals, more than half of those individuals, being appointed by one or more of the foregoing. In addition to the contracting authorities listed, the framework agreement will be available to charities entered on the Scottish Charity Register and voluntary organisations entered on the Membership Database of the Scottish Council for Voluntary Organisations”.

Guidance on this can be found in Annex A of Scottish Government Guidance on Framework Agreements.  If there is any doubt, legal advice should be sought.

The framework terms and conditions are subject to Scots Law.

Scottish Procurement will disseminate relevant information concerning the framework via sectoral Centres of Expertise, who then cascade to their stakeholders.  Framework terms can be accessed via the “Scottish Procurement: Procurement Information Network” group on the secure Knowledge Hub site or via your sector representative.

Your contract will be based on the Standard Terms of Supply (Schedule 5), which have been constructed by Scottish Procurement and which forms part of the framework agreement between Scottish Procurement and the contractor awarded a place on the framework.  This will be amended to reflect the individual customer organisation, contractor, reference numbers, dates, etc.  Specific requirements or variations will be recorded in the supporting schedules.  It will constitute the entire agreement between you and the contractor relating to the services ordered.

Both you and the contractor are obliged to duly observe all your obligations under the Data Protection Regulations which arise in connection with the contract.  Under the contract, both you and the contractor are asked to take all necessary precautions to ensure that all confidential information is treated as confidential and not disclosed or used other than for the purposes of the contract by your employees, agents or sub-contractors.  Please refer to the Data Protection clause in the Standard Terms of Supply (Schedule 5) for further details.

If you or the contractor wishes to amend the contract, such amendments must be agreed between you both and formally amended in accordance with the Change Control procedures.  The contract may be amended only by the written agreement of both parties.  Accordingly, the service provider may not unilaterally amend the contract. 

Care should be taken when considering amendments to the contract that any amendment would not substantially alter the terms and conditions to such an extent that it could be alleged that the contract is no longer conformant with the framework agreement and therefore not compliant with EU Directives. 

Service and management provisions

Organisations can only select the products and services that are in scope for this framework.

The specification and service levels schedule is available.  Both of these can be accessed via the Scottish Procurement Knowledge Hub site or your sector representative.

The framework will be managed overall by Scottish Procurement, who will be responsible for regular Contractor review meetings covering escalated issues, key performance indicators (KPIs), benchmarking and innovation.  Organisations will be required to manage the day-to-day operational aspects of their contract with their contractor.  Please see Schedule 4 – Management Arrangements. This can be accessed via the “Scottish Procurement: Procurement Information Network” group on the secure Knowledge Hub site or via your sector representative.

Scottish Procurement is committed to managing, monitoring and developing contractor performance and understanding whether our contracts are delivering and meeting the needs of our customers and customer feedback is an essential part of the process.  It is proposed that a balance scorecard will be utilised to monitor performance. Feedback and escalation processes will support the framework and robust Management Information from all contractors will cover several performance measures.  

Contractor’s catalogue will be available from the “Scottish Procurement: Procurement Information Network” group on the secure Knowledge Hub site. 

Management information will be provided by contractors throughout the lifetime of the agreement.  Management information is provided to Scottish Procurement on a quarterly basis as specified.

As part of the overarching terms and conditions target key performance indicators (KPIs) have been agreed.  

Community benefits are social considerations which include not only targeted recruitment and training, but also equal opportunities, training for the existing workforce, supply-chain initiatives, community consultation, 'considerate contractor' schemes, contributions to education, the promotion of social enterprises, and resources for community initiatives.  Tenderers were asked within the tender to provide details of any quantifiable wider community benefits they will bring to the framework through their approach to the delivery of Desktop Client Devices.

Whilst not necessarily linked to the framework the contractors provide community benefits as organisations in the form of:

•  graduate programmes
• apprenticeship programmes
• partnership with local training organisations
• volunteering activities
• staff development and training
• sponsoring of local sports teams and groups

 For more information on ‘Workforce matters’ please see the attached Scottish Procurement Policy Note SPPN 1/2015.

Award process

The only route to market for a single contractor framework is through Direct Award.  For high volume requirements, it is possible to request a quote from the contractor, who may be able to provide a better price than the published framework price.

More detail can be found in Schedule 3 – Ordering Procedures Schedule. This can be accessed via the “Scottish Procurement: Procurement Information Network” group on the secure Knowledge Hub site or via your sector representative.

Pricing and invoicing arrangements

Pricing shall remain fixed for the term of the Framework Agreement except where:

• the Bank of England US $/Sterling exchange rate has increased or reduced by more than an average of 5% over a 6 month period, a price review has been proposed and a price adjustment has been approved by the Authority
• the Contractor, at their sole discretion, reduces the price, or
• the Authority has provided the Contractor with Benchmarked prices in accordance with Schedule 2, Price and Product Listing of the Framework Agreement

The contractors published framework pricing is available to all organisations regardless of size.  The prices provided are the maximum price any customer organisation using the framework agreement would expect to pay when making a call-off from this agreement. 

A Contractor Catalogue containing further details, including pricing, is available on the “Scottish Procurement: Procurement Information Network” group on the secure Knowledge Hub site.

Contractors have been asked to provide eInvoicing and you must pay all sums due to the Contractor within 30 days of receipt of a valid invoice. 

Interest is payable on the late payment of any undisputed sums of money in accordance with the Late Payment of Commercial Debts (Interest) Act 1998. 

Further details can be found within the Standard Terms of Supply (Schedule 5) at section 14 - Payment and Invoicing.