Procurement - legal services framework: buyer's guide

Framework public body ordering procedures (call-offs)

Framework public bodies sourcing their legal service requirements through this framework agreement may award contracts in two ways:

• by mini competition (inviting all framework suppliers from the relevant lot)
• by direct award ranked solution (available only when requirements are under £20k)

Framework public bodies must be able to define their requirement and ensure that the resulting contract award(s) does/do not amount to the creation of a subordinate multi supplier framework, for example a framework within a framework. 

Call-off contracts must be awarded on the basis of a commitment to either budget, volume or exclusivity. To the extent that there’s no budget or volumes, then the framework public body should state in the call off contract (schedule 5) that the supplier is the exclusive provider of the stated services. An example of wording to be included in the call off contract is as follows:

“For the purposes of this call off contract the supplier is the exclusive provider of the services detailed in the specification.”

As permitted in schedule 3 (award procedures), clause 5.3, framework public bodies may choose to appoint the  second ranked contractor as a reserve for perceived or apparent conflict of interests. The purchaser should be careful where a  second ranked provider has been appointed to cover conflict of interest. In this instance, the following lines may be appropriate to include in the call off contract:

“For the purposes of this call of contract the supplier is the exclusive provider of the services detailed in the specification, save to the extent that a second ranked provider has been appointed in line with schedule 3, clause 5.3.”

Framework public bodies may choose to conduct a competition in any lot to appoint a supplier to carry out routine work for a period of time. Further work either of a specialist nature or of a particularly high value, may be the subject of separate competitions among the suppliers on the relevant lot.

Before going to mini competition, framework public bodies should consider which lot would fulfil their requirement. Where there is a requirement which perhaps falls between two or more lots, the competition should be directed at the lot which covers the majority of the service required. Consideration could also be given to utilising lot 6 – one stop shop.

Framework public bodies must not conduct mini competitions between two or more lots with the intention of only awarding to one.

It should be noted that although each lot represents a different type of legal service there may be occasions where ancillary advice is required for a contract awarded under the framework which would normally be associated with a different lot.

For example, if a contract is awarded under lot 1 for commercial advice and there was some associated litigation required with this contract, then it would be reasonable to assume this related litigation is carried out under lot 1 and not lot 3 on this occasion.

Mini competition procedure

For requirements over £20k, framework public bodies must run a mini competition amongst all framework suppliers from the relevant lot.

(All framework suppliers from the relevant lot must be invited).

Under a mini competition process, the call-off contract will be placed with the framework supplier who has submitted the most economically advantageous tender in accordance with the mini competition award criteria set. The award criteria to be used in the mini competition must be made clear to all framework suppliers prior to the mini competition (for example details of the price/quality ratio to be used and how the submissions will be evaluated).

Framework public bodies must:

• invite tenders from all suppliers appointed to the relevant framework lot, by conducting a mini competition for its service requirements via the Public Contracts Scotland Quick Quote facility
• buyer’s must ensure, when issuing invitations to tender via Public Contracts Scotland Quick Quote, that the correct Framework Supplier e-mail address is used, as detailed in annex b, framework supplier contact details 

Set weightings for the award criteria in the mini competition invitation to tender against the following:

• technical criteria (xx% weighting(s) to be set by framework public body at mini competition) 
• service delivery (proposal to demonstrate how the services will be delivered, with particular emphasis on quality, delivery timescales and customer satisfaction)
• commercial criteria (xx% weighting(s) to be set by framework  public bodies at mini competition) 
• ​​​​​​​pricing , total tender cost ex VAT

Note: The evaluation criteria allows for flexibility regarding the composition of percentage weighting(s) allocated against each of the criteria shown above. The mini competition should be conducted on the basis of the criteria listed above and on the same, or if necessary, more precisely formulated terms. Where a framework public body wishes to introduce additional terms for evaluation, for example, account management or sustainable benefits, full details must be provided in the invitation to tender document to framework suppliers. ​​​​​​​

Set a time limit for the receipt of the mini competition tenders which takes into account factors such as:

• the complexity of the subject matter of the order
• allow as much time as possible for tenderers to complete and return their tender, taking into account holiday periods and complexity of the requirement
• keep each mini competition tender confidential until the expiry of the time limit for the receipt by it of mini competition tenders
• apply the award criteria and weightings to the framework suppliers’ compliant tenders submitted through the mini competition as the basis of its decision to award an order for its services requirements

Bid evaluation

The results of the price/quality ratio will reveal who has offered the most economically advantageous tender for example scored the highest overall mark.

Following evaluation of all submissions, an award can then be made to the supplier submitting the most economically advantageous tender for the service required.

Tender evaluation guidance is available within the Procurement Journey.

Direct award ranked solution

Where the framework public body’s requirement is below £20k, is met in full by the terms set out in the framework agreement and the direct award ranked solution is deemed most suitable, the framework public body will go to the first ranked supplier (from the relevant lot) in the first instance.

If, for any reason, the first ranked framework supplier cannot meet the requirements at that time, the framework public body will go to the second ranked framework supplier (from the relevant lot), and so on.

Framework public bodies must not disaggregate their requirements in order to award to a particular framework supplier.

Supplier rankings in each lot are detailed (in brackets) beside their contact details contained in annex b framework supplier contact details.

Awarding an order (call-off contract)

A call-off contract, whether placed via mini-competition or direct award ranked solution, must be concluded by an award letter.

Where a mini competition has been carried out, letters must also be issued to all unsuccessful tenderers. Please note that framework public bodies do not have to follow the standstill rules when awarding a call-off contract under a framework agreement.

However, where above threshold level contract is awarded by mini competition, following the standstill rules on a voluntary basis (including summary reasons) can protect the contract from ineffectiveness, if challenged in court.

Buyers are reminded of the obligations contained in the Procurement Reform (Scotland) Act 2014 in relation to the award of contracts valued equal to or greater than £50,000 including those awarded as a result of a framework call-off/mini competition.

In particular, buyers should note that in accordance with Section 23(2) the award of contracts must be publicised on the Public Contracts Scotland website and in accordance with Section 35 contracts must be registered in the contracting authority’s “contracts register”.

Your attention is also drawn to the requirement to provide feedback in accordance with Section 32 and Section 33.

Reserve supplier

The framework agreement allows public bodies to choose to appoint the second ranked supplier as a reserve supplier following any contract award. This essentially allows the framework public body to go to the second ranked supplier if the principal supplier cannot act for the framework public body for any reason including but not limited to a real, perceived or apparent conflict of interest.

Pricing schedules

Information regarding pricing can now be found on the Knowledge Hub. If you are not registered to access this site and are eligible to use the framework please complete the registration template and send to the Scottish Procurement contact name at section 18 of this buyer’s guide.

Mini competition

The hourly rates detailed within the pricing schedule are fixed for the four year duration of the framework. These are the maximum hourly rates that any supplier can charge. However, they may be improved upon in mini competition and framework public bodies have the ability to negotiate any combination of hourly, fixed and capped rates.

Hourly rates agreed in call-off contracts awarded via mini competition will be fixed for the duration of the call-off contract and any subsequent extension to that call-off contract.

The pricing schedule is available via the Knowledge Hub. The pricing schedule is a commercially sensitive document and must not be shared.​​​​​​​

Direct award ranked solution

Where the direct award ranked solution is utilized, Framework hourly rates are fixed and cannot be increased or decreased.

Contact details of the suppliers on the framework agreement

Contact details for the suppliers on the framework agreement can be found in the framework service providers section of this Buyer’s Guide. Buyer’s should ensure, when issuing invitations to tender via Public Contracts Scotland Quick Quote, that the correct supplier email details are used as detailed in framework supplier contact details.