Q&As

What is the process for mini-competitions, under framework agreements awarded, subject to the Public Contracts Regulations 2015? If a bidder in a mini-competition omits required information in their tender, is there anything the contracting authority can do?

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Published on LexisPSL on 13/09/2016

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

  • What is the process for mini-competitions, under framework agreements awarded, subject to the Public Contracts Regulations 2015? If a bidder in a mini-competition omits required information in their tender, is there anything the contracting authority can do?
  • Process for awarding framework agreements and call-off contracts
  • EU Treaty principles
  • Requesting clarification
  • Ineffectiveness

This Q&A considers the process for awarding framework agreements and call-off contracts under the Public Contracts Regulations 2015 (PCR 2015). It also considers the EU Treaty principles underpinning the public procurement regime, requests for clarification and ineffectiveness.

Process for awarding framework agreements and call-off contracts

There is a specific process for awarding frameworks under the PCR 2015, SI 2015/102, set out at reg 33. Under reg 33(2) a framework agreement means:

‘an agreement between one or more contracting authorities and one or more economic operators, the purpose of which is to establish the terms governing contracts to be awarded during a given period, in particular with regard to price and, where appropriate, the quantity envisaged’

Regulation 33 also includes provisions regarding the award of call-off contracts under framework agreements. In particular, SI 2015/102, reg 33(8) sets out the process for call-offs under multi-supplier frameworks (including mini-competitions). In a mini-competition, the call-off contract should be awarded to the bidder with the best tender on the basis of the award criteria specified in the procurement documents (see below).

Call-off award criteria should be clear in the contract documents made available at the time of awarding the framework agreement. The contracting authority may prioritise certain criteria depending on the call-off, but the award criteria and weightings must be c

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