Another important clarification is that the contracting authorities can entrust a procurement powerhouse with a contract for contracting and creating framework agreements to which they can access without going through a contracting for that contract (Regulation 37, paragraph 8, PCR 2015). When setting up a framework agreement, the contracting authority should include as many conditions as possible in the contract documents applicable to the appeal contracts, so that suppliers are aware of their risks related to the terms of appeal. However, if it is not possible to define the conditions for an appeal, these conditions may be set at the time of consultation through the use of a mini-competition. For more information on the requirements for a mini-contest, check out our note on the use of frames in the Document Toolkit tab above. This latter requirement, which reflects a similar formulation in the 2006 RCP, has raised concerns about the extent to which a contracting power may use different weights, or even different criteria, in its mini-competitions than those defined in the market documents for the framework agreement. Unfortunately, the 2015 RCPs do not clarify this issue. It should also be remembered that framework agreements advertised in the Official Journal of the European Union must also be tendered on Contracts Finder. Framework agreements are used for tendering in the private and public sectors. In the private sector, framework agreements are most often used alongside strategic partnerships in which a contractor and a client collaborate on a series of different projects over a period of time.
The framework agreement literally defines the framework for this strategic partnership relationship. This can range from a casual agreement with one or more contractors with whom the client likes to work to a little more formal. In the private sector, the parties are not limited by the requirements of EU procurement legislation. They are therefore free to make much more flexibility in what is in the framework agreement and to what extent they respect or deviate from their terms over time than their public sector counterparts. In the public sector (where contracting powers are subject to EU procurement rules), framework agreements have a number of possibilities for use: this means that all contracts will be a framework agreement that limits them to four years, since all contract terms are covered by this definition. What about the new public institutions formed after the framework agreement was tendered? In an initial government opinion on the 2014/24/EU Directive, it is stated that it depends on whether your organisation or “organisation class” is clearly identified as an adjudicative power authorized to use it through the call for competition. If you use a framework, you cannot use it, which implies an illegal “direct allocation” of a public contract and runs the risk of a claim for inefficiency on the grounds that the contract should have been the subject of a separate tender. I am not sure that the 2015 regulations offer more clarity than those of 2006, but here are some comments on the contribution. When the directive was implemented, the UK government refused to make batch subdivision mandatory for certain contracts. Regulation 46 of the 2015 PCR gives the contracting authorities a special jurisdiction to award a contract in the form of separate lots.
The Authority can determine the size and purpose of the lots. In general, no. The maximum duration of a framework agreement is four years, except in exceptional cases. These circumstances would generally be roughly at the level of investments required to participate in the framework (for example. B in special equipment), which means that suppliers will only be able to recoup this investment over a period of more than four years. While the purchasing powerhouse that sets up a framework agreement is responsible for the mode of supply, Regulation 37 of the PCR 2015 specifies that the individual adjudicator powers that have access to these agreements comply with the 2015 PCR in B