Structuring Frameworks

The use of frameworks has evolved over time, and the last few years have seen some radical changes to the way we once utilised them in the UK. Their inclusion in the UK and Scottish Public Contracts Regulations, for the first time, in 2006 brought frameworks firmly under legislative direction with clear definitions and guidelines for their use. However, despite this apparent clarity, many organisations still fail to operate frameworks or purchase from them in the correct way.

This PASS Workshop will examine:

• the difference between a framework contract and a framework agreement
• when and how to set up a framework
• the legal implications of hosting a framework
• the timescale for purchasing from a framework
• the potential impact of the Remedies Directive on frameworks
• the risk to an authority when buying from an ineffective framework

The purpose of a framework is to establish the terms governing contracts to be awarded during a given period, in particular with regard to price and quality.

The benefits of frameworks to authorities include shorter procurement timescales and economies of scale based on aggregated demand. The fact that frameworks are not mandatory is also a bonus in allowing organisations to decide whether or not to use them, according to circumstances.

Buyers using frameworks also need to ensure that they mirror closely the methodology used at the outset for awarding the framework as any fundamental changes could be challenged as material contract variation.

This PASS Workshop will examine the many factors which need to be considered when creating or buying through a framework, as well as the possible implications of the Remedies Directive when frameworks are deemed ineffective.

Who should attend?

This seminar is designed to help procurement officers and end users to understand the benefits and pitfalls they may encounter when using frameworks, and is of relevance to:

• Procurement Officers
• Project Managers
• Buyers
• Contract Managers
• End Users
• Indeed anyone in the public sector likely to procure from a framework

Why attend?

Ensuring compliance - whether hosting or buying from a framework - has never been more important since the introduction of the Remedies Directive. Failure to procure in the correct manner could see the procurement being challenged as an illegal direct award, the framework being deemed ineffective or, as recent legal cases indicate, the courts setting aside the framework completely. This PASS Workshop will look at all of these aspects and consider the possible ramifications for the public sector.

This PASS Workshop will look at all of these aspects and consider the possible ramifications for the public sector. Delegates will gain a clear understanding of the differing structures which can be used to set up framework agreements and, through the use of a practical exercise, will be tasked with identifying the best methodology to ensure the inclusion of SMEs.

Delegates will also gain a clear and concise understanding of the latest guidance on using frameworks both from the Cabinet Office and the European Union and we will look at recent legal opinion that frameworks are not contracts and discuss the implications of this judgement.