Framework agreements—overview and tendering
Produced in partnership with Mr Andrew Millross of Anthony Collins Solicitors
Framework agreements—overview and tendering

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:

  • Framework agreements—overview and tendering
  • Brexit impact—public procurement
  • Uses of framework agreements
  • Legal regime
  • Definition of a framework agreement
  • Framework agreements distinguished from contracts
  • Term contracts
  • Binding and non-binding framework agreements
  • Parties and providers under a framework agreement
  • Clients
  • 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.

Uses of framework agreements

Framework agreements are used in both private and public sector tendering.

In the private sector, framework agreements are used most commonly alongside strategic partnering, where a contractor and client work together on a number of different projects over a period. The framework agreement literally sets the framework for this strategic partnering relationship. This can range from a loose arrangement with one or more contractors that the client likes to work with to something more formal. In the private sector, the parties are not constrained by the requirements of the EU public procurement rules. They are therefore free to take a much more flexible approach to what the framework agreement contains and how far they comply with or depart from its terms over time than their public sector counterparts.

In the public sector (meaning here, contracting authorities subject to the EU public procurement rules), framework agreements have a number of uses:

  1. single provider frameworks are commonly used for development consultants and contractors, so that there is a

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