Procurement - technology peripherals and infrastructure framework: lot 2 - buyer's guide

Framework agreement Information

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, following a competition in accordance with procurement regulations. The single contractor ensures organisations obtain value for money in their purchasing whilst being assured that their procurement is compliant with 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’s terms and conditions are subject to Scots Law.

Framework agreement start date and end date

The Framework commenced on 16th May 2022 and will end on 15th May 2024 with the option of 2 x 12 month periods.

Framework eligibility

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 UK Government’s Find a Tender Service (FTS reference number: 2021/S 000-030614.

Section VI.3 of the advert refer; 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.

Read more information about Scottish public bodies. Information about the Review of Public Procurement in Scotland and links to the other Centres of Expertise can be found here.

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

Framework agreement – detail distribution

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.

Contract formation

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.

Data Protection

Both you and the contractors 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.

Contract amendment

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 Contractor 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 Procurement Directives.

​​​​​​​Service and management provisions

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

Full specification of service

The specification and service levels schedule is available. Both of these can be accessed via the “Scottish Procurement: Procurement Information Network” group on the secure Knowledge Hub site or your sector representative.

Contract management provisions

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. 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.

Escalating to Scottish Procurement

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.

Feedback and escalation processes will support the framework and robust Management Information from all Contractors will cover several performance measures.

Any comments or feedback regarding the contractor’s performance should be submitted to the Scottish Procurement Points of contacts listed on section 2 of this document.

Contractors guide

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

Management information

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

Performance related criteria

As part of the overarching terms and conditions target key performance indicators (KPI) have been agreed and are monitored through a Balanced Scorecard approach.

Community benefits

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 benefit they will bring to the framework through their approach to the delivery of Technology Peripherals and Infrastructure products and services.

Whilst not necessarily linked to the framework the Contractors provide Community Benefits as organisations in the form of:

• graduate programmes
• apprenticeship programmes