Q&As

Where a multi-supplier framework agreement allows the call-off terms to be varied by the contracting authority, where in the documents should this be specified and would a supplier be bound to accept such varied terms?

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Produced in partnership with Peter Ware of Browne Jacobson
Published on LexisPSL on 18/12/2017

The following Local Government Q&A produced in partnership with Peter Ware of Browne Jacobson provides comprehensive and up to date legal information covering:

  • Where a multi-supplier framework agreement allows the call-off terms to be varied by the contracting authority, where in the documents should this be specified and would a supplier be bound to accept such varied terms?
  • Where a multi-supplier framework includes provision for varying the terms for each call-off, where in the procurement/contract documents should this be specified?
  • Would a supplier under the framework be bound to accept such varied terms if awarded a call-off under a mini-competition?
  • Further reading

Where a multi-supplier framework agreement allows the call-off terms to be varied by the contracting authority, where in the documents should this be specified and would a supplier be bound to accept such varied terms?

Where a multi-supplier framework includes provision for varying the terms for each call-off, where in the procurement/contract documents should this be specified?

Where a contracting authority wants the ability to vary the terms for each call-off under a framework it is important that the framework agreement includes provisions for varying the terms/mechanism for call-offs. The framework agreement will need to set out the mechanisms for awarding the call-off, which will be done either through a direct call-off or through a mini-competition.

Where the framework agreement contains provisions for varying the terms it is important that this extends only to allowing the terms of a call-off to be refined or amended. However, to be clear, it cannot go as far as making substantial amendments, as set out in regulation 33(11) of the Public Contract Regulations 2015, SI 2015/102 (PCR 2015). Basic terms cannot be renegotiated here, but specific terms may be refined to reflect the specific circumstances for that individual call-off. Contracting authorities might also highlight this possibility in the tender documents and notice in the Official Journal

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