Procurement - web based and proprietary devices framework: buyer's guide

Frequently asked questions

About framework agreements

A framework agreement is a general term for agreements which can be with either single or multiple contractors that set out the terms and conditions under which specific purchases (call-offs) can be made throughout the framework duration.

Scottish Procurement has entered into this framework agreement with a single contractor to ensure organisations may obtain value for money in their purchasing whilst being assured that their procurement is compliant with EU procurement regulations.

In establishing this framework agreement, Scottish Procurement carried out a competition in accordance with EU procurement regulations.

Using a framework agreement saves time and money for organisations and ensures that the terms and conditions of their contract with the contractors are robust and follow best practice.

Framework agreement start dates and durations

The Framework commenced on 1 March 2024 and will end on 28 February 2027. There is a 12-month extension option, giving a maximum contract duration of four years.

Who can use the framework

Entitlement can be established from the terms of the Contract Notice, Section II.2.4 refers. It is the responsibility of any buying organisation wishing to use any framework agreement to satisfy itself that it is eligible to do so.

Further 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 terms and conditions are subject to Scots law.

Distribution of framework agreement details

Scottish Procurement will disseminate relevant information concerning the framework via sectoral Centres of Expertise, who then cascade to their stakeholders. Framework terms can be accessed via the “Scottish Procurement: Procurement Information Network” group on the secure Knowledge Hub site or via your sector representative.

How my contract will be formed

Your contract will be based on the Standard Terms of Supply (Schedule 5), which have been constructed by Scottish Procurement and which forms part of the framework agreement between Scottish Procurement and the contractor awarded a place on the framework. This will be amended to reflect the individual customer organisation, contractor, reference numbers, dates, etc. Specific requirements or variations will be recorded in the supporting schedules. It will constitute the entire agreement between you and the contractor relating to the services ordered.

Data protection

Both you and the contractor are obliged to duly observe all your obligations under the Data Protection Regulations which arise in connection with the contract.

Under the contract, both you and the contractor are asked to take all necessary precautions to ensure that all confidential information is treated as confidential and not disclosed or used other than for the purposes of the contract by your employees, agents or sub-contractors. Please refer to the Data Protection clause in the Standard Terms of Supply (Schedule 5) for further details.

Mini competitions

You do not need to run a mini competition. The only route to market for a single contractor framework is through Direct Award. For high volume requirements, it is possible to request a quote from the contractor, who may be able to provide a better price than the published framework price.

More detail can be found in Schedule 3 – Award and Order Schedule. This can be accessed via the “Scottish Procurement: Procurement Information Network” group on the secure Knowledge Hub site or via your sector representative.

Pricing

Pricing shall remain fixed for the term of the Framework Agreement except where:

• the exchange rate has increased or reduced by more than an average of 5% over a 6-month period, a price review has been proposed and a price adjustment has been approved by the Authority,
• the Contractor, at their sole discretion, reduces the price, or
• the Authority has provided the Contractor with Benchmarked prices in accordance with the Schedule 2, Price and Product Listing of the Framework Agreement

Small organisations

Small organisations can still benefit from these prices. Contractors published framework pricing is available to all organisations regardless of size. The prices provided are the maximum price any customer organisation using the framework agreement would expect to pay when making a call-off from this agreement.

Price comparison

A Contractor Catalogue containing further details, including pricing, is available on via the “Scottish Procurement: Procurement Information Network” group on the secure Knowledge Hub site. This will enable comparison with prices.

Invoicing arrangements

Contractors have been asked to provide invoicing and you must pay all sums due to the Contractor within 30 days of receipt of a valid invoice.

Interest is payable on the late payment of any undisputed sums of money in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.

Further details can be found within the Standard Terms of Supply (Schedule 5) at section 14 - Payment and Invoicing.