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
Framework agreements and call-off contracts must be awarded in accordance with the award criteria set out in the framework procurement documents.
Key considerations at this commercial stage
Contracting authorities should:
- ensure that call-off competitive procedures are conducted fairly and transparently, in accordance with the requirements set out in the regulation (i.e. regulation 33)
- ensure that call-off contracts are awarded only to those supplier(s) that have submitted the highest scoring tender in accordance with the relevant award criteria.
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
