Digital Conferencing Services Framework

Dig ital Co nfe ren cin g Ser vic es Fra me wor k Scottish Procurement

A Guide for Buyers

Version 1 – August 2016 Dig ital Co nfe ren cin g Ser vic es Fra me wor k

Table of contents...... page

1. Foreword and acknowledgements...... 3 2. Introduction...... 3 Scottish Procurement point of contact...... 3 3. Framework overview...... 3 Framework scope...... 3 Core Service...... 4 Value Added Services...... 4 Out of scope...... 4 Framework service provider...... 4 Framework benefits...... 5 4. Supplementary information...... 5 5. Frequently Asked Questions...... 6 Framework Agreement...... 6 Service and management provisions...... 9 Award Process...... 11 Transition Arrangements...... 11 Pricing and Invoicing Arrangements...... 12 ANNEX A – Good Practice Check List...... 13 ANNEX B – Order Form...... 14

of 16 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 effective collaboration throughout the procurement cycle.

Scottish Procurement would like to acknowledge the work, support and contribution from all sector representatives. Their input has helped to shape the direction of the project to a successful outcome.

1. Introduction

This guide aims to assist public sector bodies in achieving the most cost effective Conferencing and Collaboration Services to suit their individual requirements. This document is designed to guide organisations through the selection and ordering process and provide organisations with peace of mind regarding the services purchased through this Framework agreement.

Scottish Procurement point of contact

David Box Senior Portfolio Specialist | Scottish Procurement The Scottish Government, 5 Atlantic Quay, 150 Broomielaw, Glasgow, G2 8LU Tel: 0141 242 0345

SharePoint access

Alexander Higgins

2. Framework overview

The Framework is for an initial two year period from 1st September 2016 to 31st August 2018, with options to extend for a maximum of two additional years thereafter.

Framework scope

The aim of the Digital Conferencing Services framework is to maximise efficiency and collaboration enabling Scottish public sector organisations to work collaboratively and more efficiently with their stakeholders, making full use of the opportunities that technology provides to support this. The service will support the development of a collaborative environment of communications, where organisations can take advantage of a range of services from basic audio conferencing calls through to more advanced webcasting. The range of solutions available should ensure ease of access for participants from any device (including mobile) and compatibility with existing equipment, systems and services.

of 16 The framework has core and value added services as follows:

Core Service

• Audio Conferencing

• Web Conferencing

• Video Conferencing

• Webcasting

Value Added Services

 Implementation Management & Support, including interoperability and federation services

 Bespoke training  Support for conferencing events

Out of scope

For the avoidance of doubt, this is not a unified communications framework and so does not include and cannot be offered under this Framework Agreement:

● Room based Video Conferencing Equipment ● Mobile devices ● Internet Protocol (IP) Telephony ● Telephony hardware ● PSTN & Mobile Calls and minutes

Framework service provider

This is a single supplier, multi-solution framework. The service provider is PGi:

PGi Genesis House 17 Godliman Street London EC4V 5BD

of 16 The PGi team responsible for managing the Digital Conferencing Services Framework and its customers are:

Key Account Manager: Robert Hodgson Email Address: [email protected] Telephone Number: 0207 890 7007

Team Leader: Paul Wautier Email Address: [email protected] Telephone Number: 0207 8907019

Framework benefits

The benefits for public bodies using the Framework are:

 Reduced duplication of procurement activity within the Scottish public sector.  Easy to use single supplier framework allowing organisations to call off directly with no need for a mini competition.  Standardised approach to terms and conditions.  Clear route to market for all Scottish public sector organisations.  Financial – reduced travel and subsistence expenses for organisations, competitive call charges and savings on conferencing services  Environmental – reduction of organisation’s carbon emissions ● Efficiency - improved user productivity, both in the office and when mobile. ● Provides opportunities for greater collaborative, flexible and remote working ● Support Digital Transformation through improved organisational agility and communication tools across the public sector.

3. Supplementary information

Contracting Authorities can access the Framework Agreement by a direct award. .

Full details on buying from a framework are detailed in SPPN 5 2010

Direct award

Where a Framework Public Body elects to source Digital Conferencing Services through this Framework Agreement, a direct award can be placed for those Services in accordance with the procedures described in Schedule 3 (Award Procedure) and this Buyer’s Guide. The Framework Public Bodies must complete and serve upon the Contractor an Order Form as set out in Schedule 15 (Order Form) of Schedule 5 (Standard Terms of Supply) to this Framework. The resulting Call Off Contract will consist of the terms set out in the Order Form and Schedule 5 (Standard Terms of Supply) to this Framework Agreement. The detail shall be amended to reflect the

of 16 individual Framework Public Body, reference numbers, dates, etc. Specific requirements or variations will be recorded in the Order Form.

The following guidance outlines the process to be followed and information which should be included by the Framework Public Body in the Order Form (Annex B):

 The Framework Public Body will complete Part A of the Order Form with the exception of Order Number and Order Date,

 Upon receipt of the Order Form, the Contractor must complete Part B of the Order Form and return to the Customer within 5 working days (unless otherwise agreed with the Framework Public Body),

 The Contractor can follow up with the Framework Public Bodies if additional clarification is required regarding the Service(s) ordered,

 If the Framework Public Body is content with the response they will complete and return the order form by populating the following:

o Order Number o Order Date

 The Framework Public Body will not be obliged to award any Call-off Contract. However the Contractor is obliged to provide the services if the Framework Public Body require them to do so provided that the Framework Public Body has requested no material changes to the Call Off or Framework Terms.

4. 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 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 the 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 contractor are robust and follow best practice.

of 16 Under the Framework Agreement and in accordance with EU procurement regulations, organisations can purchase digital conferencing services by direct award.

2. What is the Framework Agreement start date and what is the duration?

The Framework Agreement commenced on 1st September 2016. The duration of the Framework is two years, with the option to extend for a further two years thereafter.

3. Who can use the Framework?

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: 2016/S 073-127728. Section I.4 of the advert refer; copy embedded below)

“ 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, Scottish Fire & Rescue Service, the Scottish Police Authority, Scottish health boards or special health boards, all NHS Scotland, The Integrated Joint Boards established further to the Public Bodies (Joint Working) Act 2014, bodies registered as social landlords under the Housing (Scotland) Act 2001, Student Loans Company Limited, the Forestry Commission, the Commissioner of Northern Lighthouse operating as the Northern Lighthouse Board, 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 Scottish Public Bodies is available at: http://www.scotland.gov.uk/Topics/Government/public-bodies/about

Information about the Review of Public Procurement in Scotland and links to the other Centres of Expertise are available at: http://www.scotland.gov.uk/Topics/Government/Procurement Page 7 of 16 4. Are the Framework Terms and Conditions subject to Scots law?

5. Does the Procurement Reform (Scotland) Act 2014 impact on the Framework?

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 including those awarded as a result of a framework call-off/mini competition.

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”.

6. Are Framework Agreement details distributed to individual organisations?

Scottish Procurement will disseminate relevant information concerning the Framework via sectorial Centres of Expertise, who then cascade to their stakeholders. Framework Terms can be accessed via the secure Scottish Procurement SharePoint site or via your sector representative.

7. How long can I have a contract within the Framework with a contractor?

The Framework Agreement is initially for two years with options for a further two years. . For services of this nature it would seem sensible to have a contract duration of between one and four years (inclusive of any optional extensions) depending on the organisation’s individual requirements. should specify the required duration of contract on the order form.

8. How will my contract be formed?

The resulting Call Off Contract will consist of the terms set out in the Order Form and Schedule 5 (Standard Terms of Supply) to this Framework Agreement. The detail shall be amended to reflect the individual Framework Public Body, reference numbers, dates, etc. Specific requirements or variations will be recorded in the Order Form. It will constitute the entire agreement between you and the contractor relating to the services ordered.

9. What about 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.

of 16 Information Security Level Contracting Bodies should not use the services under this Framework Agreement for meetings with a classification above OFFICIAL.

10. What if I want to amend a contract?

If you or the contractor wish to amend the contract, such amendments must be agreed between you both and formally amended in accordance with the Change Control procedures outlined within Schedule 5. 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 will 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

11. Can we dictate what services we can purchase from the contractor?

Organisations can only select the services that are in scope of this Framework.

12. Can we see the full specification for the service?

Yes. The specification and service levels schedule is available as is the Contractor’s Catalogue for full details. Both of these can be accessed via the Scottish Procurement SharePoint site.

13. Where can I find a copy of the Contractor’s Catalogue?

A copy of the Contractor’s Catalogue is available from Scottish Procurement’s secure SharePoint site. Logins can obtained by contacting Alexander Higgins.

14. What are the contract management provisions?

The Framework will be managed overall by Scottish Procurement, who will be responsible for regular Contractor 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 the contractor. Please see Schedule 4 – Management Arrangements. This can be accessed via the Scottish Procurement SharePoint system or via your sector representative.

15. Is there a process for providing feedback back into Scottish Procurement on issues and the contractor’s performance?

Scottish Procurement is committed to managing, monitoring and developing contractor performance and understanding whether our contracts are delivering and meeting the needs of our customers and customer feedback is an essential part of

of 16 the process. It will be the responsibility of the contractor to gather feedback on performance from the Framework Public Authority and collate this information. A Balanced Scorecard will be used to monitor performance and the Contractor will be required to complete this as part of the required MI that they send to and review with Scottish Procurement at quarterly review meetings. A copy of this can be found in SharePoint. Feedback and escalation processes will support the Framework and robust Management Information from the contractor will cover several performance measures.

Whereby the Framework Public Authority believes that the service levels and performance delivered by the Contractor fall below acceptable standards, the Framework Public Authority can contact the Scottish Procurement Key Account Manager as a point of escalation. The Key Account Manager will mediate between the Framework Public Authority and the Contractor to resolve issues arising and find a mutually agreed and acceptable solution.

16. Will management information be provided by the contractor as part of the Framework?

Yes, management information will be provided by the contractor throughout the lifetime of the agreement. It will be provided to both the contracting organisation and Scottish Procurement on a monthly or quarterly basis as specified (see point 15 above).

17. 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 and can be found in Schedule 1a Specification & Service Levels on the SharePoint site.

18. 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. Bidders were asked within the tender to provide details of any quantifiable wider community benefit they will bring to the Framework through their approach to the delivery of Digital Conferencing Services.

Whilst not necessarily linked to the Framework the contractor provides community benefits in the form of:

Staff Volunteering activities Sponsoring of local sports teams and groups Charitable Giving Social Outreach

Community Benefits will also be developed as part of the management of the framework and information will be collected within the management information.

of 16 Framework Public Authorities are encouraged to continue to seek Community Benefits during the contract period.

Award Process

19. My current contractor is not on the framework; can I to invite them to bid?

No. If you decide to use a single supplier framework only the contractor on the framework can provide the services.

20. Do I need to run a mini competition?

No, this is a single supplier, multi-solution framework and offers a direct route to market through Direct Award. The customer organisation can simply place an order on the successful contractor as per the instructions outlined in the award procedure (Schedule 3) and in line with the Standard Terms of Supply (Schedule 5).

Transition Arrangements

21. We are coming to the end of our current contractual arrangement, can we move to the Framework?

Yes. At the end of any contract your renewal must be competed in accordance with EU procurement regulations, via a compliant Framework or Official Journal of the European Union (OJEU) process. The Digital Conferencing Services Framework is a compliant Framework and organisations can migrate to the Framework via direct award.

22. How can we exit our current contract agreement?

In the first instance, you should check your contractual obligations with your incumbent contractor and take appropriate procurement/legal advice, as there may be additional charges to exit your contract early.

23. We currently use the framework contractor; will the new pricing structure automatically apply?

No, the pricing agreed with the contractor is for the new Framework Agreement only. However, you may wish to discuss your pricing structure with the Contractor to ascertain if you can vary the price within the terms of your current contract/agreement

24. Is there a phase-out of existing contract/phase into new contract timescale – if so what is the timescale?

Each organisation should discuss and agree their exit provisions with their incumbent Contractor, including timescales, before migrating to the Framework

25. Will the Contractor help us to roll out the service to our organisation?

of 16 The Contractor will actively help you manage the roll-out process to your organisation to maximise uptake. Please refer to the Contractor’s Catalogue for full details on how they will work with you to implement the services you opt for.

26. Is training provided as part of the service?

PGi provides various levels of training and support both online and face-to-face. Please refer to the Contractor’s Catalogue for full details. Bespoke training is available through value added services and should be discussed with the Key Account Manager.

27. What about exit management?

The framework contractor has provisions in place to facilitate exit management and ensure transfer. Please refer to the contractor’s catalogue for further details.

Pricing and Invoicing Arrangements

28. How long is pricing held for?

Framework prices will not be increased during the first twenty four (24) months of agreement, but may be reduced by the agreement of both parties.

29. I am a small organisation, can I still benefit from these tariffs?

Yes, the contractor’s published framework pricing is available to all organisations regardless of size. .

30. Does the contractor offer electronic billing?

Yes, further information is available in the Contractor’s Catalogue.

31. How can I easily compare the rates on this framework with what I am currently paying?

Please refer to Contractor’s Catalogue which lists all rates for services provided under the Framework.

of 16 ANNEX A – Good Practice Check List

 Devote sufficient time to manage the direct award process effectively, including liaison with supplier and roll out of services within your organisation to maximise ROI.  Consult colleagues in your respective ICT, Digital and Procurement areas for advice and guidance (and legal advisers if necessary).  Where applicable, ensure your estate is surveyed properly before issuing the award and agreeing licences.  Allow adequate time for the contractor to implement the services across the organisation.  Use only the Standard Terms of Supply (Schedule 5) under the Framework agreement. You may only refine and supplement the Framework terms.  Keep the process and documentation simple and auditable.  Do endeavour to draft award documentation sufficiently clearly and precisely to enable the contractor to put forward their best services to meet your requirements without significant clarifications being necessary.  Ensure you have an exit strategy.  Agree a single point of contact for your organisation.

ANNEX B – Order Form

SCHEDULE 15 ORDER FORM

This Order Form is issued in accordance with the provisions of the Framework Agreement for Digital Conferencing Services. The Supplier agrees to supply the Services specified below on and subject to the terms of this Call Off Contract and for the avoidance of doubt this Call Off Contract consists of the terms set out in this Order Form and the Call Off Terms.

SECTION A (to be completed by Customer)

Order Number: (Mandatory) [To be quoted on all correspondence relating to this Order Form] Order Date:

Full Name of Organisation Main Contact Name and Name: full address for Notices Address:

Tel: Email: Invoice address (if different to above) Call Off Commencement [dd/mm/yyyy] Date End date of Call Off [dd/mm/yyyy] Initial Period Details of any optional extension periods including a Longstop End Date Details of services Please provide a description of Services. Please provide details of quantity required required where this is relevant.

If applicable - details of any existing systems/software that the service will require to be either compatible with or integrated with. Details of any requirement for implementation plans, timescales, testing and training required

Payment terms/profile including method of payment (e.g. Government Procurement Card)

Location of services Page 14 of 16 The Framework agreement states that if Force Majeure prevents either Party from performing its material obligations under the contract for a period in excess of 3 months either Party can Terminate. Please note here if you have different requirements. The Framework Agreement requires the following levels of Insurance:

Public liability insurance in the sum of not less than £5m Professional indemnity insurance in the sum of not less than £5m Employers liability insurance in the sum of not less than £5m

Please note here if you have different requirements. Any further information/details of proposed changes to schedules contained within the Standard terms of Supply if applicable.

of 16 SECTION B (to be completed by Service Provider)

Service Provider A unique reference number provided by the Service Provider for this Call Off reference number Contract.

Service Provider contact The name of the Service Provider point of contact for this requirement name

Service Provider contact Address details

Tel: Email: Details of the recommended services

Call Off Contract Charges payable by the Customer

Any applicable Contractor owned or Third Party software or applications required to deliver services and any applicable Contractor or Third party licence terms to software or other applications

Proposals for implementation, testing and training if required by the Framework Public Body