The following Local Government guidance note Produced in partnership with Andrew Millross, Partner of Anthony Collins Solicitors LLP provides comprehensive and up to date legal information covering:
The UK public procurement regime derives from EU public procurement laws, and is therefore impacted by the UK’s withdrawal from the EU. For general updates on the process and preparations for Brexit, see Practice Note: Brexit timeline. For further reading on the impact of Brexit on public procurement, see Practice Note: Brexit—the implications for public procurement.
Framework agreements are used increasingly for the procurement of works, services and supplies. Their uses range from calling-off construction contracts for works, to a particular development site under a single-provider framework, to the use of a multiple-provider framework set up by a central purchasing body for commoditised goods. In each case, it is important that the rules on framework call-off agreements are properly complied with.
Concerns that the public sector was using framework agreements to avoid compliance with the EU public procurement rules led to discussions between the UK Government and European Commission. These discussions led to the inclusion of the provisions regulating framework agreements in Directive 2004/18/EC. Other than for minor variations, these provisions are essentially unchanged in replacement Directive 2014/24/EU, the Public Contracts Directive.
Public sector framework agreements are covered by regulation 33 of the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102, which implements Article 33 of Directive 2014/24/EU. The definition of
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