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

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
  • Brexit impact—public procurement
  • Legal regime governing public framework agreements
  • Central purchasing body (buying club) frameworks
  • Preliminary checks
  • Overview
  • Parties—client
  • Parties—providers
  • Leaseholder consultation
  • Scope
  • More...

Brexit impact—public procurement

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.

Legal regime governing public framework agreements

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 'framework agreement' can also be found in PCR 2015,

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