Overview
This regulation requires that a framework agreement must be established on the basis of the procedures set out in procurement legislation. Framework agreements may be set up on a single-supplier or multi-supplier basis and their term must not exceed four years, except where justified in exceptional circumstances.
This regulation also sets out the relevant requirements when awarding call-off contracts. These rules differ depending on whether call-off contracts are awarded directly to an appointed supplier or awarded by means of re-opening competition.
In all circumstances, call-off contracts awarded under a framework agreement must not modify substantially the framework terms.
Objective at this commercial stage
Call-off contracts must not entail substantial modifications to the terms laid down in the framework agreement, in particular where contracts are awarded directly under a single supplier framework agreement.
Key considerations at this commercial stage
Contracting authorities should:
- ensure that call-off contracts are awarded in accordance with the provisions laid down in the framework documentation, without any substantial modification.
Legal framework
See also in the Procurement Act 2023:
- Section 45: Frameworks
- Section 46: Frameworks: competitive selection process
- Section 47: Frameworks: maximum term
- Section 48: Frameworks: implied terms
- Section 49: Open frameworks
Additional support and guidance
Make sure you:
- read the regulation
- seek legal and commercial advice in the context of specific procurements
