Publication - Advice and guidance
Procurement - legal services framework: buyer's guide
Buyer's guide for the procurement legal services framework 2023 to 2027.
Listed below are considerations and a good practice check list to assist when conducting a mini competition under the framework agreement:
- you must ensure that the mini competition process is conducted in an open, fair and transparent manner at all times and that the award criteria is used, for example most economical advantageous tender (MEAT)
- you must award the contract to the supplier who has submitted the most economical advantageous tender (MEAT) on the basis of the mini competition award criteria. Weightings can vary to reflect the particular requirement
- core terms of the framework agreement cannot be renegotiated; however terms can be supplemented or refined to reflect the particular circumstances of the order, for example delivery timescales and payment terms. Framework terms can be accessed via the Scottish Procurement Knowledge Hub system or via your sector representative
- a mini competition involves issuing a request to all suppliers within the framework agreement lot specific to your particular need
- when using the quick quote facility within Public Contracts Scotland (PCS), please ensure that only those suppliers on the relevant Scottish Procurement framework agreement lot are invited to respond and that you have selected the correct email address to receive the invitation to tender (see supplier contact details)
Mini competition good practice check list
- devote sufficient time to manage the mini competition process effectively
- allow adequate time for the supplier to respond to the mini competition
- use only the standard terms of supply (schedule 5) under the framework agreement. You may only refine and supplement the framework terms
- ensure your evaluation criteria and weightings are detailed in your mini competition documentation
- consult colleagues in your respective procurement areas for advice and guidance (and legal advisers if necessary)
- ensure you have an exit strategy
- treat all suppliers equitably
- where applicable, consider using the Public Contracts Scotland Quick Quote portal to issue and receive your mini competition documents
- keep the process and documentation simple and auditable
- ensure you are able to compare suppliers equally from their mini competition submissions against your criteria
- agree a single point of contact for your organisation
- do endeavor to draft mini competition documentation sufficiently clearly and precisely to enable suppliers to put forward their best offer without significant clarifications being necessary
- keep mini competition documentation to a reasonable size
VAT
It may be possible for public sector organisations to reclaim VAT paid on non-criminal legal services. Framework public bodies should seek their own financial advice on reclaiming VAT.
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