Speculative Framework Agreements

9. Properly used framework agreements provide a quick and relatively simple/low-cost way to access the market. They set out in advance the conditions under which subsequent appeal contracts are awarded and may, in accordance with public procurement law, eliminate the need to award contracts for a new competition at a later date. Framework conditions are widely used by professional procurement organisations in the UK (and beyond) to support collaborative contracts and/or meet recurrent requirements in a manner consistent with the law and at a lower cost. Eu and national rules on public procurement include the application of framework agreements. Although it is a recognized market route, they are misused, they may be subject to market countervailing measures and may not offer the best value available. 14. Unless the leading adjudicator authority has a specific market for a group of contracting powers, has prior consent and/or has a realistic expectation (for example. B based on previous experience) that the framework is used by other authorities, it is not common to list them in the market notice as users of the framework.

This can lead to confusion among potential contractors and is potentially misleading both with respect to the relevant framework and other contracts for these public bodies and their requirements. 15. In order for a public body to legally use a framework agreement, it must be clearly stated in the notice of contract. It may be acceptable to identify a class of public bodies in the notice of contract, provided that the constituent members of that class can be specifically identified by other means (e.g.B. “Councils formed in accordance with Local Authority Section 2, etc. (Scotland) Act 1994” and not by “councils”). The flatlist of each class of public sector organizations, with no limitation or indication that they have been consulted, may mean that it is difficult for a potential bidder to determine with some degree of confidence which of these organizations on that list should use the framework. This could have an impact on compliance with legal obligations on transparency and value for money. Organizations must ensure that current and future framework agreements (including those concluded before the legislation came into force) are in compliance with the RGPD.