However, the EU procurement rules on frameworks have not been particularly well understood, even by those who are responsible for setting up and managing frameworks. There is also considerable legal uncertainty over what those rules actually say.
In an attempt to bring some clarity to this area of law and procurement practice, the Procurement Lawyers Association has just issued a briefing paper on framework agreements. This paper is free to download from the PLA website.
Some of the themes explored in the paper are:
- the definition of what is a framework agreement and what distinguishes it from a public contract (including an analysis of the risk of some term contracts being regarded as framework agreements);
- the requirement to identify potential purchasers when a framework agreement is being set up and how this applies to a number of practical situations;
- the maximum permitted duration of contracts called-off under framework agreements;
- permitted call-off arrangements under both single-supplier and multiple-supplier framework agreements, including the extent to which "direct award" and "mini competition" call-off procedures can be used within the same framework agreement;
- whether the pricing mechanism for the called-off contracts has to be established through the framework agreement itself, or whether it can be left to a mini-competition (on which the working group was divided, so both alternative arguments are included in the paper);
- abuses of framework agreements and the "improper use" rule; and
- remedies for breach of the EU procurement rules on framework agreements including the risk of a contract that has been improperly called-off under a framework agreements being set aside for "ineffectiveness".
For more information
Andrew Millross was a member of the PLA working party that produced the guidance. If you would like to discuss any of the guidance with Andrew, or would like advice on setting up or using framework agreements, he and his team can be contacted on 0121 212 7473 or firstname.lastname@example.org.
Our Health and Social Care team has been representing Care England to date in its application and will be preparing the case for the next month’s hearing on 20-21 March.
Anthony Collins Solicitors has updated the National Community Land Trust (“NCLTN”) Model Rules.
Currently, the law doesn’t allow a single parent with a child born via surrogacy to obtain a parental order, leaving their family legally vulnerable.
The national study, Why Asthma still kills, involved a detailed examination of the circumstances surrounding 195 deaths from asthma in the UK in 2012.
Our Housing team are delighted following a formal tender procurement process to have been appointed to three lots under the new multi-million-pound legal services framework for The Riverside Group.
Necrotising Fasciitis, more commonly known as the ‘flesh-eating disease’, is a significant medical condition that requires urgent treatment.
Many of us who have been following the unfolding Inquest, are not surprised that the Coroner found gross and significant failures on the part of those caring for him.
Transferring out of SHPS will not be suitable for every housing association. So what should housing associations do?
In all the action to remove defective cladding, leaseholders have been the elephant in the room. Whilst social landlords might have adopted a wait and see approach private landlords do not have that luxury.
To receive invitations to our events, as well as information and articles on legal issues and sector developments that are of interest to you, please sign up to Newsroom.