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Legal support

Ensuring compliance to procurement regulations

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Establishing full compliance

As a framework provider that is proud to set the standard in best practice procurement, it is important that we strictly adhere to public procurement rules and regulations.

This is essential to our approach and, importantly, to the compliance of your projects.

Notwithstanding any advice, guidance, and assistance we offer, clients should not rely on this and remain responsible for undertaking their own due diligence on projects by obtaining their own independent legal and professional advice.

Our legal team provides a wide range of advice and support services, including:

Fully compliant processes

Ensuring that our framework procurement processes, framework agreements and NEC-based template delivery agreements are fully compliant with the Public Contracts (Scotland) Regulations 2015.

Review and renew of processes

Regularly reviewing and updating frameworks ensure continued compliance with statutory and regulatory changes. For example, in recent years data protection and privacy legislation and anti-modern slavery and human trafficking laws.

Contract amendment support

Advising in relation to changes proposed to be made by the parties to any Scape framework template call-off contract, in terms of whether it is likely to constitute a “substantial modification” (i.e. material change) for the purposes of the Public Contracts (Scotland) Regulations 2015 and risk rendering the call-off non-compliant.

Contract guidance

Providing views and guidance in relation to compliant contract structures, sub-contracting and assignment within the scope of the Scape framework agreement.

Consistency and compatibility

Advising on the consistency and compatibility of certain standard procurement documentation and templates with Scape framework provisions and template call-off contracts, and suggesting any necessary amendments to achieve compliance with our frameworks.

Assessing risk

Providing guidance and views on risk allocation in the context of framework compliance.

Guidance

Offering guidance and assisting you in establishing your status as a “body governed by public law”, or otherwise, for the purposes of the Public Contracts (Scotland) Regulations 2015 and their use of the Scape frameworks.

  • How we support you

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We're ready to give you the advice you need to make your project a success. When engaging with us, you can expect the following support:

  • Contractual guidance
  • Organisational status definition
  • Risk advice
  • Compliance advice
  • Regulations support
Cta legal support