Frameworks agenda
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Definition
Advantages, features
Purposes and why we use them
How it differs from a contract
Four types of frameworks
How they operate (i.e. cannot join during life of framework)
Call-off procedures (i.e. mini-comp most common etc)
Lotting
Naming authorities who can use a framework
Raise awareness of national/regional collaboration landscape
Frameworks FAQ
• What is a framework (how it differs from a contract)
• Four types of frameworks
• Purposes and why we use them
• How they operate (i.e. cannot join during life of
framework)
• Call-off procedures (i.e. mini-comp most common etc)
• Raise awareness of national/regional landscape
Framework –definition per EU Regs
• “an agreement or other arrangement between
one or more contracting authorities and one or
more economic operators which establishes the
terms (in particular the terms as to price and,
where appropriate, quantity) under which the
economic operator will enter into one or more
contracts with a contracting authority in the
period during which the framework agreement
applies”.
Framework – plain English definition
An agreement between a Contracting Authority and a
supplier for the purpose of laying down the essential
terms governing a series of specific contracts to be
awarded during a given period (call-off).
– duration
– subject
– prices
– conditions of performance
– quantities envisaged
Regulations & Frameworks
• Where a framework does not specify how
to call-off, a mini-competition must take
place
• All capable supplies invited (cannot prequalify, de-selection may apply)
• Bids in writing
• Award must be based on criteria as
detailed in the framework
Frameworks - advantages
• Meet EU requirement to aggregate spend
• Mini-competitions and other types of call off
contract are a fraction of the effort of a tender
• Opportunities for several smaller suppliers to
share the work rather than all the work to one
contractor
• Vehicle for collaboration between authorities
• Flexible – don’t have to commit any spend
Frameworks v contracts
• A framework agreement is not a contract and can be
overturned.
• Contract must have
– Offer
– Acceptance
– Consideration
– Capacity to contract
– Intention to create legal relations
Four types of framework
Multi-supplier, single
user
Multi-supplier, multi-user
Single supplier, single
user
Single supplier, multiuser
Frameworks - naming contracting authorities
in the OJEU & contract
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Include the identities of all the contracting authorities entitled to call-off under the
terms of the framework agreement. The authorities can be individually named, or a
recognisable class of contracting authority may be used – e.g. Central Government
Departments, local authorities or health authorities in a particular region etc. It should
be noted that European Commission guidance on frameworks indicates that classes of
contracting authority should be defined in a manner that enables “immediate
identification of the contracting authorities concerned. It is not considered to be
sufficiently precise to refer to all contracting authorities in a particular region”.
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When class descriptions do not allow ‘immediate identification of the contracting
authorities concerned”, a reference to where details of the authorities covered can be
obtained should be included in the notice. For example, if there is an accessible list of
contracting authorities in a relevant “class”, or an organisation with responsibility for
maintaining details of the members of a “class”, that list or organisation should be
quoted
Source: OGC
Frameworks – calling off contracts as per the
agreement
• Call off mechanism
– Direct award - Where the terms laid down in the framework
agreements are sufficiently precise to cover the particular
requirement, the authority can award the call-off without
reopening competition
– Mini-comp – Based on award criteria set out in the f’work. It
should be noted that there is no scope, at this stage, to run a
selection procedure, based on selection criteria - technical ability,
financial standing etc.
– Ranking
• Pricing and pricing mechanisms
• Terms and conditions
Call-Off from Frameworks
• Check OJEU Notice is compliant
• Ensure you are fully aware of call-off
procedure
• Follow the call-off procedure
– Mini competition
– Catalogue
– Cascade method
Lotting
• Definition: One of a number of categories of goods or services
which a single procurement process has been divided into. The use of
lots potentially allows for multiple providers to be appointed following
one procurement process. An example might be a computer hardware
procurement with one lot for "laptops" and a second lot for
"desktops".
• Examples of lotting
– By supply market
– By service
– By geography
– By scale/complexity of requirement
• New procurement regs from April 2014 : There are a number of
provisions relating to the use of lots. These are aimed at encouraging
authorities to consider the structuring of opportunities to encourage
SME participation. These include, for example, a requirement on a
contracting authority to explain why, for contracts with a value over
the threshold and under €500,000, it has decided not to split a
contract into lots.
Collaboration
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Government Procurement Service
Pro5
SE7
HIOWPP