Contracting authorities may be pleased to hear that the framework purchasing tool will still be available under the Procurement Act 2023 (PA 23) with even more flexibility than under the Public Contracts Regulations 2015. 

In this blog, we look at some key considerations when setting up a framework or using a framework under the PA 23.

Closed or open?

In addition to the traditional ‘closed’ frameworks, the PA 23 has introduced a new concept of ‘open frameworks’. 

The table below shows some of the key differences when identifying which framework could meet your requirements.

*The PA 23 defines an open framework as being a ‘scheme of frameworks that provide for the award of successive frameworks on substantially the same terms’. This means there is limited flexibility due to the need for the scope, award criteria, and the terms and conditions to be substantially the same.

Things to bear in mind

• Conditions of participation at ‘call-off’ stage: Additional conditions of participation can be included as part of a competitive selection process for the award of a call-off contract. In doing so, contracting authorities must comply with the usual rules of conditions being proportionate, taking into account the nature, cost and level of complexity of the contract. 
• Exclusions: For the award of a call-off contract, contracting authorities must exclude a supplier that becomes an excluded supplier and may exclude a supplier that becomes an excludable supplier. Remember contracting authorities can request ‘additional information’ at the call-off stage where required.

• Fees: Fees can only be charged to suppliers that have been awarded a call-off contract and must be a fixed percentage of the estimated value of a call-off contract awarded. 
• Award of a call-off contract without further competition: Awards without further competition are permitted. In the case of a multi-supplier framework, the following must be set out:
  • the core terms of the public contract; and 
  • an objective mechanism for supplier selection. 
• Direct award: The term ‘direct award’ under the PA 23 relates to awarding a public contract directly to a supplier under Sections 41-44. In a framework context, the term ‘award of a call-off contract without further competition’ should be used instead.
• Voluntary standstill and assessment summaries: The requirement to provide assessment summaries and observe a mandatory standstill period do not apply to the award of a call-off contract under a framework.

Notices, notices, notices!

Don’t forget the notices that must be published on the central digital platform. We set out a summary of these below.

• Notices relating to the award of a framework:
  • Pipeline Notice
  • Tender Notice
  • Contract Details Notice
• Notices relating to the award of a call-off contract under a framework:
  • Pipeline Notice
  • Contract award notice
  • Contract details notice (including for a notifiable below-threshold contract).

For more information

For more details on notices, look out for our note on ‘he new transparency regime/notices under the PA 23 coming in the next few weeks.

For a conversation about frameworks, please get in touch with Chanel Quigley or Sophie Mcfie-Hyland.