Call-off procedures under framework agreements
Produced in partnership with Mr Andrew Millross of Anthony Collins Solicitors

The following Local Government practice note produced in partnership with Mr Andrew Millross of Anthony Collins Solicitors provides comprehensive and up to date legal information covering:

  • Call-off procedures under framework agreements
  • Legal regime
  • Central purchasing body (buying club) frameworks
  • Preliminary checks
  • Overview
  • Parties—client
  • Parties—providers
  • Leaseholder consultation
  • Scope and value
  • Duration
  • More...

Call-off procedures under framework agreements

Legal regime

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.

Public sector framework agreements are covered by regulation 33 of the Public Contracts Regulations 2015 (PCR 2015), which implements Article 33 of Directive 2014/24/EU, the EU Public Contracts Directive. From 11pm (GMT) on 31 December 2020 (referred to in UK law as ‘IP completion day’), the implementing legislation remains in place as retained EU-derived domestic legislation. For background reading, see Practice Notes: Brexit—key legislation explained—EU law in the UK after Brexit and Brexit—the implications for public procurement.

PCR 2015, reg 37, deals with buying clubs (technically central purchasing bodies) and is also relevant to this Practice Note.

Both the Cabinet Office and the European Commission have issued guidance on the use of framework agreements in the public sector. The Cabinet Office guidance includes the former Office of Government Commerce (OGC) Guidance on Framework Agreements in the Procurement Regulations and guidance on the current regime from the Crown Commercial Service.

Central purchasing body (buying club) frameworks

The PCR 2015 provide

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