Procurement - marketing services framework: buyer's guide
Buyer's guide for procurement framework for Media, Marketing, Design and Print - marketing services framework.
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” 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 Call-off Contract for a “Single Order” or a “Duration Contract” may continue notwithstanding that the Framework Agreement has expired or terminated.
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).
For Scottish Government staff only
Before using this Framework, our staff must contact Roger Goldie within the Marketing Unit’s Communications Business Team on 0131 244 4042 or email roger.goldie@gov.scot. The Marketing Unit may have a call-off contract in place which would be suitable to meet your requirement, avoiding the need to run a new competitive tender exercise.
Call-off procedures
The call-off options are as follows:
Option 1
For Lot 1 - Creative Services (call offs above £50k) there is no direct award facility. Framework Public Bodies with requirements below £50k should use Lot 2 – Creative Services (call offs below £50k).
For Lots 2 to 6 where the value of a requirement is under £20K, 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. Given the value of Lot 2 is up to £50K, Framework Public Bodies are encouraged to follow the mini-competition route unless their requirement is of an urgent nature.
*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 above.
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.
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
- incorporates the Standard Terms of Supply (Schedule 5)
Framework Public Bodies must ensure that the hourly rates charged and the roles allocated in a quotation are an accurate reflection of the level of work to be undertaken.
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
- 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%).
Account and business management (weighting XX%)
a. Details of the qualifications, experience and skillsets of the personnel proposed to meet the ordered services outputs (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: total tender cost ex VAT (for example number of hours x hourly rate for all proposed staff roles detailed on the pricing schedule to meet the ordered service (XX%)
- duration contract: based on a comparison of the Total Tender Price ex VAT when calculated using the Framework Public Body’s estimated number of hours multiplied by hourly rates quoted for all proposed staff roles detailed in the pricing schedule of the Invitation to Tender for the mini-competition. SPPD can provide advice in relation to estimated number of hours if required
Note: for the purposes of the mini competition, only the staff roles listed in the framework pricing schedule will be used for the evaluation. The hourly rates quoted in the pricing schedule are maximum rates. However, nothing prevents the Contractor from improving on the prices in the pricing schedule for the purposes of the Duration Contract mini-competition and any subsequent Call-off Contract.
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, award its Service requirement by placing an Order with the successful Framework Contractor in accordance with the following:
- states the services requirement
- states the specification
- 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.
Framework Public Bodies must ensure that the hourly rates charged and the roles allocated in a quotation are an accurate reflection of the level of work to be undertaken.
Awarding a direct award/mini competition call-off contract
A direct award call-off contract must be concluded by an award letter including a completed schedule 5 of the Standard Terms of Supply.
A mini competition call-off contract must be concluded by an award letter including a completed schedule 5 and unsuccessful 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. Templates for letters can be found under the links below.
Where requested by an unsuccessful tenderer, framework public bodies must provide 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. Example letters and guidance from the Procurement Journey are contained within the guidance given in the links below:
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