Procurement - legal services framework: buyer's guide

Who can access the framework agreement

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 Office of the Advocate General, the Scotland Office, the Scottish Parliamentary Corporate Body,  the Scottish Fire and Rescue Service, the Scottish Police Authority, 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, 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.

It is the responsibility of any buying organisation wishing to use the framework agreement to satisfy itself that it is eligible to do so.

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 period

The framework agreement commenced on 1 September 2023 and will run for four years until 31 August 2027.

Framework agreement overview

This framework agreement is for the supply of legal services. Framework suppliers will be required to provide the services under each of the following six lots:

• lot 1 – contract, commercial and corporate
• lot 2 – debt recovery
• lot 3 – litigation, reparation, employment and inquiries
• lot 4 – major infrastructure and commercial projects (and relegated litigation)
• lot 5 – property and related matters
• lot 6 – one stop shop fully managed service

Scope of framework agreement lots

The scope of this framework covers the following:

Lot 1 – contract, commercial and corporate

Advice on commercial arrangements drafting of contracts and other commercial documents; compliance; advising on contractual issues; corporate matters including setting up companies and conserving corporate governance, finance and assets.

Lot 2 – debt recovery

Advice and assistance on all aspects of debt recovery, including small claims, summary cause, Sheriff Court and Court of Session recovery actions; post-decree enforcement; earnings arrestments; inhibitions and rent arrears. Work allocated will include recovering payments of grants where scheme rules have been breached and where overpayments have been made; recovery of overpayment of salary or benefits (which may include an element of breach of contract); recovery of payments made erroneously into bank accounts; recovery of overpayment of pensions.

Lot 3 – litigation, reparation, employment and inquiries

Handling of reparation actions; general commercial litigation; arbitrations; fatal accident inquiries; public local inquiries; construction disputes and adjudications; health and safety investigations; and Employment Law services.

Lot 4 – major infrastructure, commercial projects and related litigation

Advice covering a broad range of large scale infrastructure projects (including new and ongoing road and rail construction projects) and highly complex, high value projects (including ports and

harbours); future infrastructure developments and related commercial and procurement advice; IT projects; organisational projects; renewable energy projects (on-shore and off-shore wind farms, tidal development);  and related commercial advice, State Aid and procurement advice; advice on maritime issues and advice on ports, harbours and associated infrastructure.

Lot 5 – property and related matters

Conveyancing; acquisition and sale of property; commercial leasing; crofting matters including sales and recovery of rents; provision of services when entering into new leases of property and advice relating to termination of existing leases; shared equity; construction contracts; securities; ranking arrangements; section 32 agreements; property management arrangements and lands tribunal matters; registration of land interests; ability to source property advice for jurisdictions out with Scotland.

Lot 6 – one stop shop (fully managed service)

Fully managed service encompassing all the service types under the other Lots 1-5 in the Legal Services Framework. Suppliers will provide framework public bodies with advice for matters falling within those Lots, where framework public bodies want the ability to channel advice from many different strands of the law (as covered in the various framework Lots).