1. Frameworks agenda Definition Advantages, features
Purposes and why we use them
How it differs from a contract
Four types of frameworks
How they operate (i.e. cannot join during life of framework)
Call-off procedures (i.e. mini-comp most common etc)
Lotting
Naming authorities who can use a framework
Raise awareness of national/regional collaboration landscape

2. Frameworks FAQ What is a framework (how it differs from a contract)
Four types of frameworks
Purposes and why we use them
How they operate (i.e. cannot join during life of framework)
Call-off procedures (i.e. mini-comp most common etc)
Raise awareness of national/regional landscape

3. Framework –definition per EU Regs
“an agreement or other arrangement between one or more contracting authorities and one or more economic operators which establishes the terms (in particular the terms as to price and, where appropriate, quantity) under which the economic operator will enter into one or more contracts with a contracting authority in the period during which the framework agreement applies”.
Advantages – several suppliers – advantage SMEs, instead of one major contractor
Mechanism whereby several authorities can collaborate
Don’t need to commit any spend - flexible
Can use as ‘call off contract’ with single supplier e.g. ITS equipment such as CCTV, display screens – dependent on project by project funding

4. Framework – plain English definition
An agreement between a Contracting Authority and a supplier for the purpose of laying down the essential terms governing a series of specific contracts to be awarded during a given period (call-off).
duration
subject
prices
conditions of performance
quantities envisaged

5. Regulations & Frameworks
Where a framework does not specify how to call-off, a mini-competition must take place
All capable supplies invited (cannot pre-qualify, de-selection may apply)
Bids in writing
Award must be based on criteria as detailed in the framework

6. Frameworks - advantages
Meet EU requirement to aggregate spend
Mini-competitions and other types of call off contract are a fraction of the effort of a tender
Opportunities for several smaller suppliers to share the work rather than all the work to one contractor
Vehicle for collaboration between authorities
Flexible – don’t have to commit any spend
If get frameworks right – anticipate future needs – no need for any tendering – only refresh category solutions

7. Frameworks v contracts
A framework agreement is not a contract and can be overturned.
Contract must have
Offer
Acceptance
Consideration
Capacity to contract
Intention to create legal relations
Framework – agreement or contract?
5 elements to a contract – offer, acceptance, consideration, capacity, intention
Not a contract – an overarching agreement under which you can place contracts
Often technically not an agreement – a deed - binding

8. Four types of framework
Multi-supplier, single user
Multi-supplier, multi-user
Single supplier, single user
Single supplier, multi-user

9. Frameworks - naming contracting authorities in the OJEU & contract
Include the identities of all the contracting authorities entitled to call-off under the terms of the framework agreement. The authorities can be individually named, or a recognisable class of contracting authority may be used – e.g. Central Government Departments, local authorities or health authorities in a particular region etc. It should be noted that European Commission guidance on frameworks indicates that classes of contracting authority should be defined in a manner that enables “immediate identification of the contracting authorities concerned. It is not considered to be sufficiently precise to refer to all contracting authorities in a particular region”.
When class descriptions do not allow ‘immediate identification of the contracting authorities concerned”, a reference to where details of the authorities covered can be obtained should be included in the notice. For example, if there is an accessible list of contracting authorities in a relevant “class”, or an organisation with responsibility for maintaining details of the members of a “class”, that list or organisation should be quoted
Principle – unfair that competition not opened up, original intention of scope of f’work – spec, value, who can use, depriving organisation of business they should legitimately compete for.
Source: OGC

10. Frameworks – calling off contracts as per the agreement
Call off mechanism
Direct award - Where the terms laid down in the framework agreements are sufficiently precise to cover the particular requirement, the authority can award the call-off without reopening competition
Mini-comp – Based on award criteria set out in the f’work. It should be noted that there is no scope, at this stage, to run a selection procedure, based on selection criteria - technical ability, financial standing etc.
Ranking
Pricing and pricing mechanisms
Terms and conditions
Can call off over OJEU once f’work established via OJEU
Direct award – Tec Resources Framework, graphic design, grit bins, CSOs allow direct award – see price and spec
Mini –comp e.g. psf compared with old Mott Gifford contract
Ranking – e.g. TRF lot 2 – agencies
Call offs must be consistent with the framework agreement – price, price setting mechanisms, ts and cs – can vary a bit e,g, insurances, payment, award criteria – some flex over weightings. Often detailed user guides must comply with. If not, or ambiguous – trawl through all the tender documentation. E.g. ESPO – 1 page guide, Estates Management WDE – read entire contract.

11. Call-Off from Frameworks
Check OJEU Notice is compliant
Ensure you are fully aware of call-off procedure
Follow the call-off procedure
Mini competition
Catalogue
Cascade method

12. Lotting
Definition: One of a number of categories of goods or services which a single procurement process has been divided into. The use of lots potentially allows for multiple providers to be appointed following one procurement process. An example might be a computer hardware procurement with one lot for "laptops" and a second lot for "desktops".
Examples of lotting
By supply market
By service
By geography
By scale/complexity of requirement
New procurement regs from April 2014 : There are a number of provisions relating to the use of lots. These are aimed at encouraging authorities to consider the structuring of opportunities to encourage SME participation. These include, for example, a requirement on a contracting authority to explain why, for contracts with a value over the threshold and under €500,000, it has decided not to split a contract into lots.

13. Collaboration Government Procurement Service Pro5 SE7 HIOWPP
OGC – Buying Solutions – GPS part of Cabinet Office
PRO 5 – CBC, ESPO, West Mercia, Yorkshire, North East - targeted at local authority spend
SE7 – Highways works
HIOWLA – TRF
Despite Demise of RIEPs - regional collaboration alive – London Authorities, trend towards Highways Regional Alliances. Coalition desire for locally driven initiatives not top down organised.