Procurement - media planning, buying and associated services framework: buyer guide

Using the framework

Framework documentation

A copy of the Framework Agreement which comprises terms and conditions, schedule 1 (specification), schedule 2 (price), schedule 3 (ordering procedures), schedule 4 (management information – roles and responsibilities of contractors and framework public bodies), schedule 5 (Standard Terms of Supply), schedule 6 (Parent Company Guarantee), schedule 7 (contractor sensitive information), schedule 8 (exit management), schedule 9 (model contract regarding data protection), schedule 10 (approved subcontractors) and schedule 11 (Cyber Security Requirements) can be downloaded from our secure Knowledge Hub site.

Framework public bodies are reminded that schedule 2 (price) contains commercially sensitive information which must not be disclosed to any party out with your organisation without prior approval from Scottish Procurement.

Framework service providers

A list of the service providers appointed to all lots of the Framework is provided at annex A to this guidance.

Lot 1 ordering procedures

Framework public bodies must agree to operate the framework agreement in accordance with the procedures set out within this document.

A call-off contract can be for a “single order” campaign by campaign, or a “duration contract” for a period of time to cover one or more orders. A call-off contract must be awarded prior to the expiry of the Framework. The period of a “duration contract” cannot continue beyond the expiry date of the Framework, however a “single order” or an order under a “duration contract” may run beyond the expiry.

NB: Framework Public Bodies conducting a call-off for a “duration contract” must use the contract exclusively for the scope of their requirement, subject to the Terms of Supply Clause 5 (Break).

Call-off procedures:

The call-off options are as follows:

Option 1: where the value of a requirement is under £100k, a Framework Public Body can make a direct award to the first ranked* Contractor. Please note that a Framework Public Body reserves the right to undertake a mini-competition, if in their opinion, it would be beneficial to do so.

* Should the first ranked contractor decline to bid, the framework public body must approach the second ranked contractor, if they decline to bid, the third ranked contractor should be approached, and so on. Should none of the contractors be interested the framework public body will have to procure out with the framework.

Option 2: a framework public body can undertake a mini competition inviting all contractors to tender for the work and make an award to one.

Direct award

The framework public body should issue their complete brief in accordance with schedule 5 (Standard Terms of Supply) ensuring that the contractor is made aware that the requirement is a call-off under the framework and forward to the first ranked contractor for consideration. The contractor should review the brief and submit a short proposal along with pricing to the framework public body. The ranking positions are detailed in the tables in annex a.

The framework public body should set a time limit for the receipt of the direct award proposal which takes into account factors such as the complexity of the subject matter of the order and the time needed to submit a proposal.

Commercial submissions should be submitted to meet the following options:

• contracting for a duration contract: the tenderer is required to provide full detailed costings against indicative volumes/spend, using the price guarantees set under the framework, taking into account any rebates, discounts etc. The fee commission to be quoted must not exceed that specified in the pricing schedule, but can be lower
• contracting for a single order, campaign by campaign basis: the tenderer is required to provide a price proposal for the media proposed to deliver the outputs of the brief, taking into account any rebates, discounts etc. The fee commission to be quoted must not exceed that specified in the pricing schedule, but can be lower

On the basis set out above, the framework public body can award its service requirements by placing an order with the successful framework contractor in accordance with the following:

• states the services requirements within the brief
• states the charges payable for the services requirements in accordance with the proposal submitted by the successful framework contractor and
• incorporates the Standard Terms of Supply (Schedule 5)

Mini competition procedure

The framework public body should issue their complete invitation to tender in accordance with schedule 5 (Standard Terms of Supply) ensuring that all contractors are made aware that the requirement is a call-off under the framework. The contractor should review the tender and submit their proposal along with pricing to the framework public body.

Framework public body’s obligations, the framework public bodies shall:

• invite tenders, from all contractors appointed to the framework, by conducting a mini competition for its service requirements in accordance with the conditions herein, and
• set weightings for the award criteria in the mini competition invitation to tender against the following technical criteria:

Technical criteria - (xx% weighting shall be set by framework public bodies at mini competition).

Service delivery and service levels (weighting XX%)

a. general understanding of the requirement along with details of how any risks, for example, political, reputational, operational and financial can impact on the provision of the service and what action you would propose to mitigate these risks. (XX%).

b. details of the operational proposals with particular emphasis on quality and performance measurements, and customer satisfaction to meet the ordered service (scenarios may be used) (XX%).

Commercial Criteria - (XX% weighting shall be set by framework public bodies at mini competition)

Detailed below are the options to calculate price:

• single order, campaign by campaign basis: tenderers are required to provide full detailed costings to deliver the outputs of the brief. The price will be calculated using the price guarantees set under the framework, taking into account any rebates, discounts etc. The fee commission to be quoted must not exceed that specified in the pricing schedule, but can be lower. Please note that no historic volume information is required to be input for single orders.
• duration contract: tenderers are required to provide full detailed costings against indicative volumes/spend, using the price guarantees set under the framework, taking into account any rebates, discounts etc. The fee commission to be quoted must not exceed that specified in the pricing schedule, but can be lower

Please note that those framework public bodies who have used the media planning, buying and associated services framework previously and are looking to award a duration contract should contact Scottish Procurement for details of their historic volume/spend information. Those bodies who have not used the framework previously are required to input their own historic volume/spend information.

The evaluation criteria above allows for flexibility regarding the composition of percentage weightings allocated against each of the criteria shown. The mini competition should be conducted on the basis of the criteria listed above or if necessary, more precisely formulated terms. Where a framework public body would like to introduce additional evaluation criteria, for example, sustainability measures or workforce benefits, this should be included within the technical evaluation criteria i.e. the Service Delivery and Service Level questions can be developed. Full details must be provided in the invitation to tender document.

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 and the time needed to submit tenders.

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 contractors' compliant tenders submitted through the mini competition as the basis of its decision to award an order for its services requirements.

The highest scoring compliant tenderer will be appointed to the call-off contract. In the event of a tie the framework public body reserves the right to appoint the tenderer who obtains the highest technical score.

On the basis set out above, the framework public body can award its Service requirement by placing an Order with the successful Framework Contractor in accordance with the following:

• states the Services requirement
• states the charges payable for the Service requirement in accordance with the tender submitted by the successful Framework Contractor
• incorporates the Standard Terms of Supply detailed at Schedule 5

Provide unsuccessful Framework Contractors with feedback in relation to the reasons why their tenders were unsuccessful. The substance and form of the feedback given to unsuccessful bidders in the mini competition will be at the Framework Public Body’s discretion.