Q&As

Can call-off agreement under a framework agreement be awarded on different terms to those set out in the original framework? If a tenderer marks-up the call-off terms at mini-competition stage, could the contract be awarded and entered into based on the mark-up?

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Published on LexisPSL on 26/09/2017

The following Public Law Q&A provides comprehensive and up to date legal information covering:

  • Can call-off agreement under a framework agreement be awarded on different terms to those set out in the original framework? If a tenderer marks-up the call-off terms at mini-competition stage, could the contract be awarded and entered into based on the mark-up?

Framework agreements can be set up in a variety of ways under the Public Contracts Regulations 2015, SI 2015/102 (PCR 2015, SI 2015/102). However, PCR 2015, SI 2015/102, reg 33(6) states:

‘Contracts based on a framework agreement may under no circumstances entail substantial modifications to the terms laid down in that framework agreement’

The latitude afforded to the contracting authorities will be set out in the relevant framework agreement itself. Some will allow mini-competitions and variations of certain terms in certain circumstances, some will not. Individual assessment and advice on each framework agreement should be considered.

It is possible for a framework agreement to be set up in such a way that there is flexibility in relation to both the way a mini-competition can be run under the framework agreement and the call-off terms that apply. However, many frameworks are set up to apply a much firmer approach in how both mini-competitions can be run and the call-off terms that will apply―in order to try and ensure that call-offs under the framework agreement are PCR 2015, SI 2015/102 compliant. The particular framework agreement will need to be reviewed in each instance in order to know what parameters are allowed under that part

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