Would a multi-supplier framework agreement with a combination of appeal methods, i.e. direct awarding of contracts of up to $50,000, and the reopening of mini-competition on that $50,000 threshold be contrary to the rules and guidelines? There are two main types of framework conditions, a single vendor framework in which all application transactions are assigned to each supplier, or a framework for multiple suppliers in which calls are assigned to a mini-competition, or if the terms of the framework agreement are so detailed for parents, the buyer can determine which supplier will receive the contract. It is unlikely that the Authority will be obliged to use the framework, which allows them to award contracts to suppliers who are not participating in the framework, but to do so they would almost certainly have to launch a full tender. The obvious question is: why should a public authority bother to identify the best suppliers and create a framework for the sole purpose of awarding a contract to a contractor who is not in that framework? Yes, that would be against the rules. The framework agreement allows you to simplify the rules applicable to several contracts for similar goods or services by awarding the master contract (the framework) and then awarding calls on the basis of the terms of that agreement. If the frameworks have been defined under the Public Procurement Regulation, the Authority cannot simply add or remove suppliers whenever they wish. For a maximum of 4 years, a framework is set for the organization (s) of purchase that it can use and for suppliers who can obtain contracts. The complication lies in the fact that if the company involved in the framework has been put into liquidation, the new company may not be involved in the framework, that is, by closing the business that you have actually removed from the framework. Only companies participating in a framework agreement can obtain work under an appeal agreement and it is not possible to include new suppliers in a framework once they have been awarded. In most cases, the contracting authority (the buyer) is not required to use the framework agreement and could enter into a separate contract, provided that the necessary bidding rules are respected, etc.
This happens sometimes, although it doesn`t really make sense for an authority to endure the wrath of launching a framework contract, choosing the best suppliers, and then deciding to go through another contracting process. I am currently doing my doctoral thesis on framework agreements, and would like to have some of your thoughts on some topics. Jon, the omission of bidders because they made an obvious mistake, is simply a case to cut your own noise! There appears to be a tendency within public procurement to focus more on implementing a compliant process than on achieving value for money. Excluding a bidder, especially from a framework, simply reduces the level of competition. Cooperation with bidders, especially SMEs, only creates a more dynamic market and better competition. Nothing says that the organization presents all the errors or comments in advance on the quality of a deposit, but it is fair for SMEs who may not be aware of this process to exclude them for a real omission! Any authority that does not take an informal challenge seriously has no eye on value for money! If this framework (or fixed-term contract) is covered by the Public Contracts Regulations (PCR), it would appear that they violate these regulations. I can give you some guidance on how to file a complaint if that is the case. Even if it is not covered by the PCR, it may be applicable as a breach of contract. The guidelines refer to ensuring that an “immediate identification of the adjudicative powers involved” is possible.