3A_20 Advertising Solutions

In this present instance, ESPO is undertaking a procurement process to identify and appoint a number of service providers to provide advertising solutions.

To reflect the different types of advertising services required, the

Framework will be divided into following lots:

Tenderers are invited to bid for one, several or all of the lots as they wish, and should be clear what lots they are bidding for in their tender document.

The framework requires service providers to supply throughout all regions of the United Kingdom.

• An eAuction process may be used to award subsequent call off contracts following the reopening of competition among the parties to the Framework Agreement.

The framework agreement will be suitable for SMEs.

Throughout the Term ESPO shall monitor the Service Provider's financial standing against the Service Provider's financial position taken on the Commencement Date. In the event that the Service Provider's financial position falls below the position recorded on the Commencement Date ESPO shall discuss the Service Provider's circumstances with the Service Provider. ESPO reserves the right to terminate the Framework Agreement by serving notice on the Service Provider in writing with effect from the date specified in such notice where (in the reasonable opinion of ESPO) there is a material detrimental change in the financial standing of the Service Provider which:

• adversely impacts on the Service Provider's ability to provide the Services under this Agreement; or
• could reasonably be expected to have an adverse impact on the Service Provider's ability to provide the Services under this Agreement.

In particular, Service Providers will need to ensure that their organisation operates with a reasonable score as shall be determined by use of a credit rating agency.

Additional information: The following information is aplicable to all lots:

• 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 Public Contract Regulations 2015 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 Public Contracts Regulations 2015 or other public procurement legislation. Accordingly, this is provided for bidders' information only.

As a Central Purchasing Body as defined by the EU Procurement Directive 2014/24/EU, the Framework Agreement is open for use by Public Bodies (defined at https://www.espo.org/ESPO/media/Documents/FAQs/ESPO-s_powers_to_trade__website_-2016-12-22.pdf) that also fall into one of the following classifications of user throughout all administrative regions of the UK: Local Authorities; Educational Establishments (including Academies); Central Government Departments and Agencies; Police, Fire & Rescue and Coastguard Emergency Services; NHS and HSC Bodies, including Ambulance Services; Registered Charities; Registered Social Landlords; The Corporate Office of the House of Lords, The Corporate Officer of the House of Commons; or any public body established by or under the Scotland Act 1998 or any Act of the Scottish Parliament. Details of the classification of end user establishments and geographical areas are available at: http://www.espo.org/About-us-%281%29/FAQs/Legal