Scottish Procurement Mobile Voice and Data Services Framework - SP-19-002 Buyer's Guide - The Scottish ...
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ICT Networks – Mobile Voice and Data Services Framework Scottish Procurement Mobile Voice and Data Services Framework SP-19-002 Buyer's Guide Version 1.4 – January 2021 1 of 17
Contents Page Foreword and Acknowledgements 3 Introduction 3 Framework Overview 3 Framework period 4 Framework Scope 4 Device Catalogue 4 Where to find information 4 How to use this framework agreement 5 Fair Work Practices, Supply Chain 7 Transparency and Community Benefits Framework Benefits 7 Framework Sustainability Benefits 8 EU Exit 8 Points of Contact 9 Annex A - Frequently Asked Questions 11 Annex B – Requirements Template 15 Annex C – Order Form Template 17 2 of 17
1. Foreword and Acknowledgements Scottish Procurement aims to deliver benefits to the people of Scotland through improved value for money for taxpayers, improved goods and services for all our citizens and economic opportunities for Scotland. This is achievable through effec tive collaboration throughout the procurement process. Scottish Procurement would like to acknowledge the work, support and contribution from all sector representatives. Their input has helped to shape the direction of this project to a successful outcome. 2. Introduction This guide aims to assist public sector bodies in selecting the most cost effective services and tariffs from the Mobile Voice and Data Services Framework to suit individual requirements. This document is also designed to guide organisations through the ordering process and provide organisations with peace of mind regarding the services purchased through the Mobile Voice and Data Services Framework Agreement. 3. Framework Overview The ICT Networks Portfolio covers a wide range of ICT networks through a number of specific framework agreements and dynamic purchasing systems, as shown below: ICT Networks Mobile Voice and Network Advice – Telephony Data Services – Dynamic Services – Framework Purchasing System Dynamic Agreement Purchasing System Scottish Procurement has previously undertaken collaborative mini competitions for these services through CCS frameworks. Whilst these mini competitions were very successful, they were limited to those organisations in a position to provide commitment at that time. The strategy development determined that establishing a Scottish framework agreement would drive further added value and increase access to a national arrangement for Mobile Voice & Data Services and this has resulted in the award of a single supplier Framework Agreement to Vodafone Ltd. 3 of 17
4. Framework & Call-Off period The Framework commenced on 17 March 2020 and will end on 16 March 2022. There is an option of one further 12 month extension available giving a maximum framework duration of 3 years. Call off Contracts from this Framework will be for a minimum period of 24 months and a maximum period of 48 months. Individual connections do not have a minimum duration and can be ended without penalty. However, if a connection with an equipment credit is taken and is terminated prior to reaching its 24 month duration, there is a process for Vodafone to recover its costs on a pro-rata basis. This process can be found in Schedule 1a - Specification and Service Levels at paragraph 2.4. Further information on equipment credits can be found at paragraph 8 of this guide. 5. Framework Scope The scope of the services includes the following: Voice and Short Messaging Service (SMS) Data Services Mobile Device Management Managed Service Device Disposal Device Insurance Shared Data International Calls & Roaming Lone and remote worker services 5G Services Mobile Accessories Wi-Fi Calling Access Point Name (APN) Services Business Mobility Apps Professional Services Mobile Internet of Things (IoT) Schedule 1a (Specifications and Service Levels) provides more details on the services available through this framework and can be found in the secure Knowledge Hub. 6. Device Catalogue Vodafone will provide their standard public sector catalogue detailing the range of handsets, devices and accessories available via the framework. This catalogue will be updated regularly and is held on the “Scottish Procurement: Procurement Information Network” group on the secure Knowledge Hub site – details below. 7. Where to find information The “Scottish Procurement: Procurement Information Network” group within the Knowledge Hub provides access to the Standard Terms of Supply and further 4 of 17
information, including tariff information, order form, framework agreement and the pre- populated call off schedules. Framework public bodies utilising this framework must make themselves familiar with this information, prior to placing any call-off contracts. IMPORTANT – Call Off Documentation; To simplify the ordering process, Scottish Procurement in collaboration with Vodafone has developed a template call off contract including an ‘Order Form’, Annex C which is held within the Knowledge Hub. This template has been developed primarily for voice and data services and buying organisations are encouraged to use this if it meets your requirements. However if the template does not fully meet your requirements, you are able to work with Vodafone to amend elements of the template to meet your requirements or use the requirements template detailed in Annex B of this guide and Schedule 3 of the framework agreement and then populate the full schedule 5 call off terms as required. Amending the template call-off or using the full requirements template and schedule 5 call off terms could result in Vodafone taking longer to respond as they may have to engage with legal colleagues to review your requirements from scratch. The purpose of the Order Form is to reduce effort by both parties which allowed us to mutually agree the pre-population of standard service requirements and associated schedules to streamline the entire call off process. If you are not registered to access the Knowledge Hub site and are eligible to use the framework, please complete this template and send to Jack Graham. Please note that any information obtained via the Knowledge Hub site (such as framework agreement documentation, framework terms and pricing) must be treated as commercially confidential and must not be shared with anyone outside your organisation without the prior approval of Scottish Procurement. Full details on buying from a framework are detailed in SPPN 5 2010. 8. How to use this framework agreement Ordering As this is a single supplier framework, there is only a Direct Award route to market and no further competition is required. To call off, and as detailed above, you have two options, you can either; USE THE ORDER FORM (ANNEX C) - This document was developed with Vodafone and its purpose is to simplify the call off process for buyers. The order form is based on Schedule 5 but the appending schedules have been pre-populated to save time and effort by both parties. Non-standard/Contract specific information can be added to the Order Form to form part of the final contract. Buying organisations should populate the order form with their specific details and send to Vodafone at the e-mail address detailed at section 12 of the buyers’ guide. Vodafone will then pull together the final 5 of 17
call-off contract from the information provided in the order form and return it for review. Once content, both parties will sign the call-off contract. REQUIREMENTS TEMPLATE (Annex B) and SCHEDULE 5 – Call off Terms. Schedule 3 (Award Procedures) of the Framework Agreement details the ordering procedure for call-off contracts. The purpose of the Requirements Template is to provide Framework Public Bodies with a structured format for capturing and defining requirements for their Mobile Voice and Data Service needs. The Requirements Template is optional – Framework Public Bodies can use their own templates if they so wish - and can be used to ensure the Framework Service Provider is provided with the relevant information to process an order. Below are the types of information required to populate the requirements template. It is fairly self-explanatory and further guidance is set out below: Framework Public Body Details Organisations should populate this section with their specific details and also include a date for when you want the Vodafone response by. Requirements - for Schedule 1 (Specification & Service Levels) Organisations should include details of what they require, e.g: o 500 x Voice & SMS bolt-ons; o 300 x 1GB data bolt-ons with equipment credit; o 200 x 3GB data bolt-ons etc Any milestones, postcodes to be assessed for coverage, KPIs, cyber requirements etc should be included. Where there are no requirements for specific details in these sections, the framework requirements should be the default position. Estimated Contract Value Organisations should enter the estimated value taken from the pricing schedule. It should also be noted that some services do not have prices and will be priced on application as part of the requirements template. Requirements for Additional Schedules There are a number of additional schedules attached to Schedule 5 (Standard Terms of Supply and these can be populated with the corresponding schedules within the framework or can have specific requirements as agreed between both parties. This should be set out in this section. Service Provider Response The Vodafone response will be provided in this section. The Standard Terms of Supply (Schedule 5) of the Framework Agreement should also be referenced when placing an order, and these terms form the basis of the call-off contract. 6 of 17
Your completed requirements template should then be sent to Vodafone Ltd to the email address listed at paragraph 12. Pricing The prices in the Pricing Schedule are the maximum prices that Framework Public Bodies will be charged for the first two years of the framework. These prices will be subject to ongoing tariff reviews and benchmarking and may be reduced during the period of the framework. Some services available via the framework are not priced. If these services are required by a Framework public body, these will be provided by Vodafone on a case by case basis and subject to agreement between buyers and Vodafone Ltd. Equipment Credit/Tech Fund The Voice & SMS bolt-on and the data bolt-on tariffs have options for Framework Public Bodies to take a £50 equipment credit at a higher monthly tariff. The equipment credit means that framework public bodies can offset their accrued equipment credit to make purchases towards the following: • hardware from the Service Providers standard public sector device catalogue (phones, smartphones, tablets and accessories); • professional services * • network coverage solutions; • or at the discretion of the Service Provider, fund other services within the scope of the Framework * Professional Services refer to the application of business and technical expertise to enable Framework Public Bodies to create, manage and optimise the Mobile Voice and Data services within their organisations Framework public bodies should note that if a tariff with an equipment credit is taken up, the connection should remain in place for 24 months. If this connection is terminated prior to the end of the 24 month period, as mentioned in paragraph 4 of this guide, there is a process for Vodafone to recover its costs on a pro-rata basis. THE EQUIPMENT CREDIT MAY BE TAKEN UP AT ANY TIME DURING THE CONTRACT DURATION, THERE IS NO REQUIREMENT TO WAIT UNTIL THE CONTRACT IS CLOSE TO EXPIRING. IF THE EQUIPMENT CREDIT IS NOT UTILISED PRIOR TO THE CONTRACT END, THE CREDIT BECOMES NULL AND VOID THEREFORE IT IS VITAL THAT FRAMEWORK PUBLIC BODIES ROUTINELY MONITOR THE CREDIT THAT HAS BEEN ACCRUED TO ENSURE BEST VALUE FOR MONEY AND TO AVOID FINANCIAL LOSSES. Framework public bodies may wish to further consider their tariff options at the end of this 24 month period if they have taken an equipment credit as there is likely to be benefit in moving to a tariff without any equipment credit at this time. 7 of 17
Contract Award Once Framework public bodies are satisfied with the response from Vodafone and depending on which option chosen to award (either Order Form or full Schedule 5) they should populate whichever document, including all relevant associated schedules and ensure both parties sign the call off contract. 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 £50,000.00 including those awarded as a result of a framework call-off. 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. Framework and contract management Scottish Procurement will manage the framework agreements at a strategic framework level. This incorporates a number of activities including the strategic management of framework supplier performance issues, collating management information for all the frameworks, coordinating feedback, framework supplier reviews, user feedback groups and escalations. Framework public bodies must manage all call-off contracts awarded via these frameworks at a local level and deal with day-to-day issues with a view to resolving these locally in the first instance. Scottish Procurement will act as the escalation point should local resolution prove unsuccessful. Framework public bodies using these frameworks must request their own management information and hold regular meetings with the framework supplier as necessary. The framework supplier is aware of the need to supply management information to framework public bodies as part of agreed framework terms and conditions. Additional Information Annex A provides a list of Frequently asked Questions (FAQ’s) 9. Fair Work Practices, Supply Chain Transparency and Community Benefits Vodafone Ltd has committed to deliver a range of fair work practices including: Investment in Skills and Training Non-use of Zero Hours Contracts Action to tackle the gender pay gap Genuine Workforce Engagement Diversity and Equality Vodafone Ltd has also confirmed that any staff directly involved with the provision of services through this framework will be paid the equivalent (or in excess) of the current Real Living Wage and are not on zero hour contracts. 8 of 17
Vodafone Ltd delivers a number of corporate community benefits. Framework Public Bodies placing call-off contracts from this framework agreement are strongly encouraged to consider the inclusion of Community Benefits as part of the call-off contract process. Any agreed Community Benefits should be reported to Scottish Procurement. Scottish Procurement will also ensure Vodafone continually update them at framework level as demand comes through. 10. Framework Benefits This national framework will provide the following benefits: • Excellent tariff pricing, benchmarked annually and offering value for money options available to Scottish public sector bodies regardless of size or geographical location. • A compliant and easy route to market for Scottish public sector organisations which require Mobile Voice and Data Services. • As a single supplier arrangement, there is no need for further competition with direct award of call-off contracts - with simplified call-off documentation available. • Access to a wide range of core MV&D services with a variety of associated and emerging technologies, e.g. 5G and mobile IoT also being available. • Provides effective supplier account and transition/mobilisation management service and support. • Good level of national coverage provided with network improvements planned for the end of 2021. • Access to a supplier which is accredited to ISO 27001 and Cyber Essentials Plus. • Reduces duplication of procurement activity within the Scottish public sector. • Commitment to continuous improvement throughout the life of the arrangement. • Committed to the delivery of fair-work practices including payment of the Real Living Wage for staff directly involved. 11. EU Exit It is considered that there is a low to medium risk in this framework with regards to EU Exit. The minor risks are around the pricing and availability of mobile devices which are manufactured outside the UK. During pre-tender engagement with Vodafone Ltd, they indicated that in the short term following EU exit, it is unlikely that they will re-introduce roaming charges within the EU but this would be reviewed on an ongoing basis and the specification states that in this event, the supplier will enter into meaningful discussions with the Authority in relation to how this will be progressed. Scottish Procurement will continue to monitor potential Brexit impact during mobilisation and ongoing delivery of the framework. 12. Points of Contact Supplier Point of Contact For new customers, initial framework and tariff enquiries: 9 of 17
Contact: Alastair Redpath Phone: 07771 993993 E-mail: mobilescotland@vodafone.co.uk For customers with existing Vodafone contracts: Contact: Kirste Johnson Phone: 07500 854872 E-mail: mobilescotland@vodafone.co.uk Phone: the Vodafone service desk (0333 304 3333) is also available Monday to Friday between 0800 hours to 1800 hours. The service desk is available to help with any issues experienced by new connections throughout the contract term. The service will provide phone support for: • Set up and installation of SIMS / Self-serve set up • Troubleshooting connectivity issues • Porting issues • Unlocking devices • Changeover of devices In addition, each Framework Public Body will be allocated the following points of contact: Account Manager: Owns the Framework Public Body account and relationship; requests scope-specific project resource alignment. Each Account Manager is aligned to a senior manager for supervision and potential escalation. Supports the Framework Public Body through all the stages of mobilisation, implementation and Transition and continues support through the life of the contract. Service Transition Manager (Transition/Implementation Manager): Responsible and accountable for delivering on-time implementation and transition, according to contract; coordinating internal functions/processes to implement the contract; single point of contact for the Framework Public Body during the implementation and transition phase of the project. A named Service Transition Manager will be appointed for every Call-Off Contract. Framework Public Body Service Team Leader: Receives the Framework Public Body account and delivers Services into live support. Scottish Procurement Points of Contact The Scottish Procurement ICT Networks Team are based in Scottish Government, Atlantic Quay 5, 150 Broomielaw, Glasgow, G2 8LU. The individual contact details are as follows: Margaret Anne McKeown Jack Graham David Box Senior Portfolio Specialist Procurement Assistant Portfolio Manager 07901 102899 Tel: 07919 014604 10 of 17
Annex A - Frequently Asked Questions Framework agreement 1. What is a framework agreement? A framework agreement is a general term for agreements which can be with either single or multiple suppliers 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 supplier 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 suppliers are robust and follow best practice. 2. Who can use the framework? The framework agreement will be available for use by the Scottish Ministers (including Agencies), Scottish Non-Departmental Public Bodies, offices in the Scottish Administration which are not ministerial offices, cross-border public authorities within the meaning of section 88(5) of the Scotland Act 1998, the Scotland Office, the Scottish Parliamentary Corporate Body, councils constituted under section 2 of the Local Government etc. (Scotland) Act 1994, bodies registered as social landlords under the Housing (Scotland) Act 2001, Student Loans Company Limited, the Commissioner of Northern Lighthouse operating as the Northern Lighthouse Board, Scottish Futures Trust, Equality and Human Rights Commission, Business Stream Ltd, the Business Gateway National Unit at the Convention of Scottish Local Authorities, further or higher education institutions being fundable bodies within the meaning of section 6 of the further and Higher Education (Scotland) Act 2005, any public body established by or under the Scotland Act 1998 or any Act of the Scottish Parliament, any association of or formed by one or more of the foregoing, bodies financed wholly or mainly by one or more of the foregoing, bodies subject to management supervision by one or more of the foregoing and bodies more than half of the board of directors or members of which, or, in the case of a group of individuals, more than half of those individuals, being appointed by one or more of the foregoing. In addition to the contracting authorities listed, the framework agreement will be available to charities entered on the Scottish Charity Register and voluntary organisations entered on the Membership Database of the Scottish Council for Voluntary Organisations. Information about agencies of the Scottish Ministers, Scottish Non-Departmental Public Bodies and offices in the Scottish Administration which are not ministerial offices are listed at: 11 of 17
https://www.gov.scot/publications/national-public-bodies-directory/ Overview of the governance structure of public procurement for Scotland, including the Public Procurement Group: https://www.gov.scot/publications/public-procurement-governance/ It is the responsibility of any buying organisation wishing to use the framework agreement to satisfy itself that it is eligible to do so. Entitlement can be established from the terms of the Official Journal of the European Union (OJEU) advert (OJEU reference number: 2019/S 221-542232. Section II.2.4 of the advert refers). 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. 3. Are the framework terms and conditions subject to Scots law? Yes. 4. Are framework agreement details distributed to individual organisations? 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. 5. How will my contract 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 supplier awarded a place on the framework. You have an option to either use the Order Form, developed collaboratively between Scottish Procurement and Vodafone, or you can amend Schedule 5 (Call-off Terms) to reflect the individual customer organisation, supplier, reference numbers, dates, etc. In both instances specific requirements or variations will be recorded in the supporting schedules. Both options will constitute the entire agreement between you and the supplier relating to the services ordered. 6. What about data protection? Both you and the supplier 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 supplier 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. 7. What if I want to amend a contract? 12 of 17
If you or the supplier wishes to amend the contract, such amendments must be agreed between you both and formally amended in accordance with the Change Control procedures. The contract may be amended only by the written agreement of both parties. Accordingly, the service provider may not unilaterally amend the contract. Care should be taken when considering amendments to the contract that any amendment would not substantially alter the terms and conditions to such an extent that it could be alleged that the contract is no longer conformant with the framework agreement and therefore not compliant with EU Directives. Service and management provisions 8. Can we dictate what products and/or services we can purchase from the supplier? Organisations can only select the products and services that are in scope for this framework. 9. Can we see the full specification for the service? Yes. The specification and service levels schedule is available. These can be accessed via the Scottish Procurement Knowledge Hub site or your sector representative. 10. What are the contract management provisions? The framework will be managed overall by Scottish Procurement, who will be responsible for regular Supplier review meetings covering escalated issues, key performance indicators (KPIs), benchmarking and innovation. Organisations will be required to manage the day-to-day operational aspects of their contract with their supplier. Please see Schedule 4 – Management Arrangements. This can be accessed via the “Scottish Procurement: Procurement Information Network” group on the secure Knowledge Hub site or via your sector representative. 11. Is there a process for providing feedback back into Scottish Procurement on issues and the supplier’s performance? Scottish Procurement is committed to managing, monitoring and developing supplier performance and understanding whether our contracts are delivering and meeting the needs of our customers and customer feedback is an essential part of the process. A balance scorecard will be utilised to monitor performance. Feedback and escalation processes will support the framework and robust Management Information from all suppliers will cover several performance measures. 12. Will a copy of the supplier’s catalogue be available? Yes – a copy of the suppliers device catalogue will be available from the “Scottish Procurement: Procurement Information Network” group on the secure Knowledge Hub site. 13 of 17
13. Will management information be provided by suppliers as part of the framework? Yes, management information will be provided by the service provider throughout the lifetime of the agreement. Management information will be provided to both the contracting organisation and Scottish Procurement on a regular basis as specified. 14. Are there performance-related criteria in the new framework? As part of the overarching terms and conditions target key performance indicators (KPIs) have been agreed. 15. Does the framework allow for community benefits? Community benefits are social considerations which include not only targeted recruitment and training, but also equal opportunities, training for the existing workforce, supply-chain initiatives, community consultation, 'considerate contractor' schemes, contributions to education, the promotion of social enterprises, and resources for community initiatives. Tenderers were asked within the tender to provide details of any quantifiable wider community benefits they will bring to the framework through their approach to the delivery of Mobile Voice and Data Services. Vodafone Ltd provided corporate Community Benefits. Accordingly, Framework public bodies are strongly encouraged to agree Community Benefits with Vodafone prior to call-off contract award. 16. I am a small organisation can I still benefit from these prices? Yes, the suppliers 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. 17. How can I easily compare the prices on this framework with what I am currently paying? A Contractor Catalogue containing further details, including pricing, is available on the “Scottish Procurement: Procurement Information Network” group on the secure Knowledge Hub site. 18. What are the invoicing arrangements? Suppliers have been asked to provide eInvoicing and you must pay all sums due to the Supplier 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. 14 of 17
Annex B – Requirements Template Framework Public Body (Contracting Authority) Details - for Standard Terms of Supply Contracting Authority: Contract Manager : Contract Manager address: Contract Manager contact Invoice address: Contract Reference: Final tender response: Requirements - for Schedule 1 (Specification & Service Levels) Service Delivery Note: the requirements can be expressed precisely or generally in terms of required outputs. Implementation, Coverage Postcodes Key Performance Indicators Information Assurance Business Continuity & Requirements Cyber Requirements Exit Management Estimated Contract Value Price 15 of 17
Requirements - for additional Schedules and Standard Terms of Supply Selection and Award Management Arrangements Standard Terms Data Protection Service Provider Response - for Standard Terms of Supply Service Provider: Contract Manager: Contract Manager address: Contract Manager contact Date of Response: Service Provider Response – to Specification & Service Levels Requirements (Schedule 1) and Price 16 of 17
Annex C – Order Form Scot Gov Single Supplier -Call-Off-Order-Form_FINAL.pdf 17 of 17
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