Framework operation description
It should be noted that the Framework could be used in a number of ways where Managed Learning Services are required. Customers wishing to buy Managed Learning Services via the Framework will do so in the following ways in accordance with section 45 of the Procurement Act 2023 (and any subsequent amendment or re-enactment thereof):
* Call-off without competition - 'calling-off' Services from a Supplier identified who is a) included in the Framework, b) suitable for meeting the Customer's specific needs, and c) identified as offering the most advantageous solution to the Customer's requirements, based on source(s) of information for Customers' supplier selection decisions.
* Call-off with competition (Competitive Selection Process) - 'calling-off' by conducting a further competitive selection process amongst those Suppliers identified in the Framework as being able to provide the required Services. This means that not all competitive selection processes will necessarily include all the Suppliers. A customer will only invite those Suppliers that are included in the Framework for the particular type of contract required. Customers will assess the suppliers as set out in the terms and conditions of the Framework.
Further competitive selection processes may be conducted directly by the Customer, or by ESPO, or by any other appropriate third party on the Customer's behalf. Please note that once this Framework is established, the right is reserved by the Customer when running a further competitive selection process, to invite the Suppliers to participate in an eAuction. Meetings with Suppliers, interviews, presentations and/or site visits may be required as part of the process at further competition stage as determined by the Customer.
IMPORTANT: Suppliers will not be compelled to tender for all business offered via further competitive selection processes, and so declining to tender in such instances will not affect a Supplier's position on the Framework; however, it should be noted that persistent and repeated failure to tender may lead to a review of a Supplier's continued inclusion.
When assessing proposals submitted under a further competitive selection process, Customers may include conditions of participation to assess Suppliers' technical ability to perform the contract as part of the competitive selection process as determined according to the Customer's own particular circumstances.
Any assessment of Suppliers' proposals under a further competitive selection process must be based only on some or all of the award criteria that were used to assess tenders when the framework was awarded. Customers may refine these criteria, for example, by including additional sub-criteria or by explaining the criteria further.
All Services provided under the Framework will be provided and delivered directly to the Customers, in accordance with instructions given to the Supplier at the time of placing the order. Liability for payment of the Supplier's invoices will rest solely with the Customer, as appropriate in each case.
ESPO has established a commercial trading company, ESPO Trading Limited, whose target clients are third sector organisations such as national and local charities, public sector mutual organisations and other organisations involved in the delivery of services to or for the public sector. The successful Supplier may be asked to enter into an additional separate framework agreement (the Second Framework) with ESPO Trading Limited on materially similar terms to that found in the tender pack to be entered into by ESPO itself.
Any Second Framework agreement will be a purely commercial agreement and will, for the avoidance of doubt, not be governed by the Procurement Act 2023 or other public procurement legislation. ESPO Trading Limited may enter into the second framework agreement with the successful supplier and make it available to third sector clients who themselves are not required to follow the Procurement Act 2023 or other public procurement legislation. Accordingly, this is provided for tenderers information only.