Procurement Act 2023 guidance: frameworks

1. The Procurement Act 2023 (the Act) defines a framework as a:

contract between a contracting authority and one or more suppliers that provides for the future award of contracts by a contracting authority to the supplier or suppliers

(section 45(2)).

This means that a framework sets out the provisions under which future contracts for the supply of goods, services and/or works are to be awarded. The Act defines an open framework as a:

scheme of frameworks that provides for the award of successive frameworks on substantially the same terms

(section 49(1)).

2. A framework that is above-threshold and not exempt is a public contract and is generally awarded following a competitive tendering procedure (see paragraph 8 below for directly awarded frameworks). Contracts awarded under a framework are referred to in this guidance as ‘call-off contracts’ and, unless otherwise stated, call-off contracts means call-off contracts that are public contracts. In most cases a framework will not commit a contracting authority to enter into a call-off contract, but it is possible that some do.

3. Sections 45-49 of the Act explain what a framework is and set out the rules that govern both the framework itself and call-off contracts awarded under it. Sections 45, 46 and 48 generally apply to all frameworks; section 47 does not apply to open frameworks, frameworks awarded by private utilities and ‘light touch frameworks’ (see paragraph 68-70 for light touch frameworks); and section 49 applies only to open frameworks.

4. The Act refers to 'frameworks' rather than 'framework agreements', as in the previous legislation, but otherwise they are generally similar. It also includes open frameworks, which did not previously exist, and which are more flexible than framework agreements under the previous legislation.

5. The Act provides that ‘conditions of participation’ can be applied as part of the process for award of a call-off contract and implies a term into every framework that a contracting authority is permitted to exclude a supplier that becomes an excluded or excludable supplier from participating in any selection process (which includes any selection process to award without further competition) for the award of a call-off contract.

6. Unlike under the previous legislation, contracting authorities must publish a contract award notice following the award of a call-off contract and a contract details notice once the contract has been entered into.

Award of frameworks

7. Frameworks that are public contracts are most likely to be awarded following a competitive tendering procedure.

8. Contracting authorities are permitted to directly award a framework under sections 41 or 43 of the Act, provided the framework is not an open framework (section 49(10) of the Act).

9. As frameworks are awarded either following a competitive tendering procedure or, where permitted, directly, the provisions in the Act relating to competitive tendering procedures and direct award generally apply to the award of a framework, for example, the requirement to publish a tender or transparency notice relating to the framework and provisions on excluded and excludable suppliers.

Third party frameworks and centralised procurement authorities

10. Contracting authorities can only award call-off contracts under a framework established by a contracting authority. This means that if, for example, a local authority wishes to use a framework established by a third party, that framework must have been set up by another contracting authority, such as a centralised procurement authority or another local authority. It is for the contracting authority to ensure that the framework under which it awards a call-off contract has been established by a contracting authority.

11. A centralised procurement authority is a contracting authority that is in the business of carrying out procurements for the benefit of other contracting authorities (section 1(4) of the Act). Contracting authorities can, in whole or part, delegate their obligation to carry out procurements to a centralised procurement authority, including where a centralised procurement authority establishes a framework for use by one or more other contracting authorities. This means that the centralised procurement authority is responsible for complying with the Act when setting up the framework. Any contracting authority that then decides to use the framework to procure a call-off contract will be required to comply with the Act (in relation to that call-off contract).

12. For example, a group of local authority contracting authorities could jointly create a special purpose vehicle (SPV) for the sole purpose of carrying out procurements for the authorities that established the SPV and other public bodies. As the SPV is in the business of carrying out procurements for the contracting authority members and other contracting authorities, it will be a centralised procurement authority. Another example of a centralised procurement authority is an organisation such as Crown Commercial Services, which is in the business of awarding large frameworks for use by a wide range of public authorities.

13. A contracting authority who decides to procure a call-off contract under a framework must satisfy itself that the framework has been established in accordance with the Act. The contracting authority must then carry out its procurement under the framework in accordance with both the framework and the Act.

14. The Act does not regulate entities that are not contracting authorities (for example, private companies) so where a framework is set up by a non-contracting authority (Third Party Framework), that entity must be acting as an agent of a named contracting authority (or authorities). Contracting authorities wishing to use a Third Party Framework to procure a call-off contract should undertake their own due diligence to satisfy themselves that the framework has been procured in accordance with the Act by, for example, checking with the named contracting authority (or authorities) in the first instance, and reviewing the available framework documentation (including, but not limited to the relevant notices such as the pipeline or tender notices, tender documentation etc.).

15. For Third Party Frameworks, the legal responsibility to comply with the Act in establishing the framework will lie with the named contracting authority (or authorities) as opposed to the agent non-contracting authority.

Valuation

16. The estimated value of a framework must be included in the tender notice and the framework and must not be exceeded (but see paragraph 18 below). When estimating the value of a framework contract, Schedule 3, paragraph 2(1) of the Act requires the contracting authority to estimate the value of all call-off contracts to be awarded under the framework.

17. If a framework is divided into lots, regulation 19(2) of The Procurement (Wales) Regulations 2024 (the Regulations)1 requires a contracting authority to include the estimated values for each lot in the tender notice, if known. The contracting authority may also wish to include the estimated values for each lot in the framework itself although there is no requirement to do so. Where these are included in the tender notice or the framework, the individual lot estimates cannot be exceeded, although it may be permissible to amend the values included in a framework under section 74 (Modifying a public contract) of the Act.

18. If the estimated value of the framework or, if relevant, an individual lot, is about to be exceeded, the contracting authority may wish to consider whether it is possible to modify the framework to amend the estimated value under section 74 of the Act.

Fees (section 45(7))

19. Section 45 provides that fees may be charged in respect of a framework but that they can only be charged to suppliers that have been awarded a call-off contract and must be set as a fixed percentage of the estimated value of the call-off contract awarded to the supplier. The reference to fees being a ‘fixed’ percentage means that the fees may not change during the lifetime of the framework.

20. It is not permissible to charge suppliers to gain access to a framework or any other fees associated with the management of the framework.

21. Fees can only be charged if the details are set out in the framework (section 45(7)) and the tender or transparency notice (regulations 21(2)(k) and 27(2)(w) of the Regulations).

Maximum framework terms

22. Except in relation to open frameworks (see paragraphs 35 and 44 below), the maximum term for a defence and security framework or a utilities framework is generally 8 years and for all other frameworks 4 years (section 47(1) of the Act).

23. The maximum term does not apply where the contracting authority considers the nature of the goods, services, or works to be supplied under the call-off contracts to be awarded under the framework means that a longer term is required (section 47(2) of the Act).

24. An example of where it might be necessary to have a longer term than the maximum set out in section 47(1) is for large construction or infrastructure projects where a variety of call-off contracts are awarded under a framework throughout the life of a development. Contracts may need to be awarded, for example, for initial professional services, such as design, as well as for various aspects of the construction/development, which may be undertaken in phases, through to completion.

25. Another example might be if the framework required an upfront investment by a supplier to deliver the call-off contracts, for example an IT system development, and the return on that investment would require call-off contracts to be awarded over a longer term than the maximum term.

26. It may also be necessary for a framework to last longer than the maximum permitted term if the funding cycle for the project (i.e. the contracting authority’s ability to pay for the project) exceeded the maximum term (assuming the development of the project to be provided under the framework was tied to the funding cycle).

27. Where a framework exceeds the maximum term, the contracting authority must publish the rationale for the longer term in the tender or transparency notice for the framework (section 47(3) of the Act).

28. The maximum terms set out in section 47(1) do not apply to a framework awarded under an open framework, a framework awarded by a private utility or a light touch framework (section 47(5) of the Act).

29. Call-off contracts may extend beyond the term of the framework.

Amendment to the maximum term

30. Once the framework has been awarded, it might be possible, relying on section 74 of the Act, to extend the term of a framework, as with any other public contract. However, if a contracting authority amends the term so that the maximum 4/8 year term is then exceeded, section 47(2) still applies and the extension must be justified under section 47(3). It is recommended that this justification is set out in the contract change notice.

Open frameworks

31. Section 49(1) of the Act provides that an open framework is a scheme of successive frameworks awarded on substantially the same terms. The effect of section 49(9) is that 'substantially the same terms' requires there to be no substantial amendments to the tender or transparency notice for the successive frameworks in the scheme, this includes to the award criteria for the award of the framework. Section 49(9) refers to section 31of the Act (Modifying a section 19 procurement) when considering whether the terms are substantially the same and means that the successive tender or transparency notice must allow the same suppliers to submit requests or tenders as did the original tender or transparency notice.

32. Whilst open frameworks are different from standard frameworks, generally, the rules for standard frameworks apply equally to open frameworks, but there are some differences:

1. sections 45, 46 and 48 apply to all frameworks
2. section 47 applies only to frameworks that are not open frameworks (although it does not apply to frameworks awarded by private utilities and light touch frameworks), and
3. section 49 applies only to open frameworks.

33. Unlike a standard framework, with an open framework, new suppliers can be added when the framework is re-opened (see paragraphs 40-43 below).

34. Open frameworks will be particularly beneficial, for example, in markets where there are a large number of suppliers, to avoid some suppliers being locked out for long periods of time (as may be the case with standard frameworks), or in expanding markets where new entrants are expected.

35. Except where there is only one supplier on the open framework (see paragraph 44 below), an open framework must provide for the framework to be re-opened at least once in the first three years of its life and at least once every 5 years thereafter. The maximum term of an open framework is 8 years in total (see section 49(2) of the Act). This means that the first framework (“framework 1”) can last for a maximum of 3 years, but if the open framework is re-opened (i.e. re-tendered) only once, then the subsequent framework (“framework 2”) can last for only a maximum of 5 years (so as not to exceed the 8 year term of the open framework). Please see the image below for an example of this process:

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36. However, it is important to point out that this is the minimum number of times an open framework may be opened. An open framework could, for example, be re-opened annually for the whole of the 8 years. Please see the image below for an example of this process:

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37. The term of each framework in the scheme must be set out in each framework (section 45(5)(e) of the Act). Whilst it isn’t expressly required by the Act or the regulations, it is recommended that the open framework sets out the indicative term of each framework in the scheme (i.e. when the framework is anticipated to be re-opened); this is to ensure transparency and to allow suppliers to understand how the open framework will operate, but at the same time it gives some flexibility. Contracting authorities could also include options to extend one or more of the frameworks within the scheme if required, which would give additional flexibility.

38. For example a contracting authority could set out that it intends to re-open an open framework at the end of year 2 and at the end of year 6, but that both frameworks will include an option to extend each framework by a year. It would not be possible for the contracting authority to extend the first framework beyond the end of year 3 because of the requirement at section 49(2)(a)(i) for the framework to be opened within the first 3 years. This would mean that the first framework would be for a term of 2 years, with an option to extend to 3 years and the second framework would be for a term of 4 years, with an option to extend to 5 years. The contracting authority could decide at the time not to open the first framework at the end of year 2, as long as it did so at the end of year 3. If the option is not exercised for the first framework and the open framework is re-opened at the end of year 2, the second framework in the scheme could last 4 or 5 years, depending on whether the contracting authority exercised the option to extend the second framework. The final framework in the scheme would last 1 or 2 years, depending on whether the authority exercised the option in the second framework.

39. Section 49(2)(b) of the Act requires that an open framework must provide for the expiry of one framework on the award of the next framework in the scheme, although section 49(3) allows contracting authorities to make a provision in the open framework that any processes for the award of a call-off contract under the expired framework that have already commenced can continue following expiry of that framework. Contracting authorities should make it clear in the open framework whether this is to be the case.

Awarding frameworks to suppliers when re-opening the framework

40. Section 49(4) and section 49(5) of the Act set out how contracting authorities may award contracts to ‘existing suppliers’. Section 49(8) provides that an existing supplier is a supplier that is party to a framework under an open framework - this reference to a ‘framework under an open framework’ means the framework in existence immediately prior to the next framework in the scheme being awarded.

41. Section 49(4) of the Act provides that where a framework places no limit on the number of suppliers that can be party to the framework, an existing supplier can be appointed to the new framework based on, at its choice, one of the following:

1. the fact that the supplier has previously been awarded a framework in the scheme i.e. there is no requirement for the supplier to submit a new tender if it does not wish to update its offer. For this option to be available, as explained in paragraph 40, the supplier must be a party to the framework in existence immediately prior to the framework being awarded. Where the supplier chooses this option, the contracting authority does not reassess the earlier tender and the supplier simply remains on the open framework
2. the re-assessment of a tender relating to an earlier award, or
3. the assessment of a new tender relating to the new framework.

42. Section 49(5) of the Act provides that where the framework limits the number of suppliers that can be a party to the framework, an existing supplier can be appointed to the new framework based on, at its choice, either of the following:

1. the re-assessment of a tender relating to an earlier award, or
2. the assessment of a new tender relating to the new framework.

43. The contracting authority should set out the procedure for re-opening the open framework and awarding successive frameworks in the associated tender documents for the new framework to be awarded in the scheme. This should include the options available to, and what is required, of existing suppliers if they wish to participate in the award of the new framework. For example, setting out that existing suppliers are required to formally declare on what basis they wish to participate, such as based on the fact that they have previously been awarded a framework under the scheme (where relevant), whether they wish a tender relating to an earlier award to be assessed, or whether they have submitted a new tender for assessment.

Single supplier open frameworks

44. Section 49(6) of the Act provides that if only one supplier is awarded a framework, the maximum term of the open framework is 4 years from the point at which the open framework becomes a single supplier framework, rather than 8 years from the date the first framework is awarded. This remains the case even if more than 1 supplier is awarded a subsequent framework in the scheme.

45. Set out below are 2 examples to show how section 49(6) works in 2 different scenarios:

1. Example 1: A competitive tendering procedure is carried out to establish an open framework, which results in the award of Framework 1 to a single supplier. Therefore, the overall open framework is limited to a maximum duration of four years, from the date of award of the single supplier framework (section 49(6) of the Act). However, the contracting authority must re-open the framework at least once in the first 3 years of Framework 1 (section 49(2)(a)(i) of the Act). Framework 1 is re-opened after 2 years and a new competitive tendering procedure is commenced. As a result of this procurement, Framework 2 is awarded to 3 suppliers. Framework 2 and the overall open framework can only last 2 years to ensure the maximum limit of 4 years is not exceeded.
    
2. Example 2: Framework 1 is awarded to 3 suppliers. If the framework is re-opened at the end of year 2 and only 1 supplier is awarded the framework, (Framework 2), the open framework can now only last 4 years from the date Framework 2 is awarded. This would mean the open framework could last a total of 6 years (the first 2 years under Framework 1, plus 4 years under Framework 2). If the Framework is re-opened at a later date, and 2 or more suppliers are awarded the framework (Framework 3), the maximum term remains 6 years (i.e. 4 years from the commencement of the single supplier Framework 2).

Awarding call-off contracts

46. Section 45 of the Act expressly permits contracting authorities to award call-off contracts that are public contracts under frameworks.

47. Call-off contracts may be awarded with or without competition between suppliers on the framework. A ‘competitive selection process’ is used where contracting authorities carry out a competition for the award of a call-off contract (section 45(3) and section 46 of the Act). The selection process for awarding call-off contracts must be set out in the framework (section 45(5)(d) of the Act). However, there is some flexibility in that whilst the selection process must be set out, the level of detail is not specified in the Act and this may be in high level or more detailed terms. For example, a contracting authority may provide that a framework allows contracting authorities using the framework to include conditions of participation (see paragraphs 54 - 58 below) to assess suppliers’ technical ability to perform the contract as part of the competitive selection process for call-offs and leave it up to the contracting authorities to determine these, taking into account their own particular circumstances. Alternatively, the contracting authority may set out high level conditions of participation in the framework and allow contracting authorities using the framework to only add further detail to those already set out.

48. In a competitive selection process, any assessment of suppliers’ proposals must be based only on some or all of the award criteria that were used to assess tenders when the framework was awarded. Section 46(9) of the Act allows for these criteria to be refined, for example, additional sub-criteria may be included or the criteria explained further.

49. Section 45(3-4) of the Act provide that unless there is only one supplier on the framework, a contracting authority can only award a contract without competition when the framework sets out an objective mechanism for supplier selection and the core terms of the call-off contracts to be awarded. The core terms set out in the framework cannot be amended unless amended under section 74 of the Act and include, for example, deliverables (i.e. the basic requirements regarding what the supplier has to deliver under the call-off contract, such as compliance with the authority’s requirements the supplier’s framework tender, standards, policies and timeliness), warranties, charges and pricing mechanism, record keeping, indemnities, termination provisions, variation mechanism.

50. An objective mechanism for supplier selection may, for example, be a 'taxi-rank' system where call-off contracts are awarded on a rotational basis, or a ‘highest ranking’ system with a limitation on the number or value of call-off contracts to be awarded to any one supplier. Once the supplier submitting the highest ranking tender reaches the cap, the next call-off contract would be awarded to the supplier that submitted the next highest scoring tender.

51. Section 45(8) provides that a framework cannot be used to award:

1. another framework, or
2. a concession contract.

What to look for when awarding call-off contracts under a third party framework

52. If a contracting authority wishes to award a call-off contract under a framework established by another contracting authority, it must ensure that the framework is suitable for the contract it intends to award. The contracting authority should in particular check that:

1. the framework has been established by a contracting authority (see paragraphs 10-15 above)
2. as relevant, a tender or transparency notice has been published
3. the tender or transparency notice (where relevant) and framework:
   1. clearly identify the contracting authority as one of those permitted to use the framework
   2. include goods, services or works of a type to be awarded under the call-off contract
   3. set out the other matters required by section 45(5) of the Act and regulation 21 or 27 of the Regulations (as relevant), such as the price payable, or mechanism for determining the price payable under the call-off contract and any selection process to be applied
4. the total value of call-off contracts awarded under the framework to date does not exceed the estimated value of the framework as set out in the tender notice and framework.

53. Contracting authorities should understand the liability position for the framework, in particular where a framework has been established by another contracting authority, or where a contracting authority is liable as principal for a third party framework as described in paragraph 15. When awarding a call-off contract, the contracting authority must comply with the selection process set out in the framework, noting in particular when it is permissible to award a contract without following a competitive selection process.

Conditions of participation

54. As stated above, the Act permits contracting authorities to include conditions of participation as part of a competitive selection process for the award of a call-off contract (section 46(1) of the Act).

55. A condition of participation in a competitive selection process is defined as a condition that a supplier must satisfy in order to be awarded a call-off contract (section 46(2) of the Act) and is similar to a condition of participation in a competitive tendering procedure (see section 22 of the Act). For example, in a competitive selection process, there is a requirement that conditions of participation must be a proportionate means of ensuring that the suppliers on the framework have the legal and financial capacity and technical ability to perform the contract being procured (section 46(1)), rules around what can be required to demonstrate legal and financial capacity (section 46(3)) and what proportionate means, which are similar to those in section 22. In addition, the definition of ‘proportionate’ in section 46(5) is the same as in section 22(5).

56. Any assessment of conditions of participation that are included as part of a competitive selection process under a framework is not legally a ‘reassessment’ of any conditions of participation that applied to the award of the framework. However, a condition of participation for the award of a call-off contract may include a requirement that the conditions of participation for the award of the framework must be met or may include some or all of the same conditions of participation. It may also include additional conditions that did not apply to the award of the framework, for example, bespoke insurance requirements relevant to the particular call-off contract to be awarded.

57. If the competitive selection process includes an assessment against conditions of participation, this must be set out in the framework (see section 45(5)(d) of the Act).

58. A contracting authority is not required to exclude suppliers that do not meet the conditions of participation from participating or progressing in a competitive selection process (section 46(7)), but the effect of section 46(2) is that the successful supplier must satisfy the conditions to be awarded the contract. This allows suppliers to continue in the process whilst at the same time working towards satisfying the conditions before award. Please see guidance on conditions of participation for more information.

Direct award

59. Direct award under sections 41 (Direct award in special cases) or 43 (Switching to direct award) of the Act cannot be used to award a call-off contract under a framework and is unnecessary. In practice, if a direct award is permissible under the Act, the contracting authority may directly award a contract to any supplier, including to a supplier on a framework, outside of the selection process for the framework.

Excluding suppliers from participating in a selection process under a framework

60. Section 45(6) of the Act provides that a framework may not permit a contracting authority to award a call-off contract to an excluded supplier or prevent a contracting authority from requesting additional information from suppliers before awarding a call-off contract. This means that contracting authorities must consider whether suppliers are excluded suppliers before awarding a call-off contract, even though this will have been considered at the time the framework was awarded. Where the framework was set up by another contracting authority for use by other contracting authorities, the contracting authority awarding the call-off contract should check with the contracting authority responsible for the framework whether the supplier has become an excluded supplier since the award of the framework, although it should also consider this itself and check directly with the supplier as well as reviewing the debarment list (see guidance on exclusions and guidance on debarment).

61. Section 48(1) of the Act allows contracting authorities to exclude a supplier from participating in a selection process under a framework if it is an excluded supplier or becomes an excludable supplier. This is done by implying a term into every framework that the contracting authority may exclude a supplier on this basis.

62. Section 78 of the Act (Implied right to terminate public contracts) provides that there is an implied right in every public contract, which would include a framework that is a public contract, to terminate the contract on certain grounds (see guidance on contract termination). If a ground applies, and a framework has
multiple suppliers, the contracting authority party to the framework can terminate the framework in respect of the relevant supplier only, without terminating the framework for every supplier. In this scenario, the contracting authority establishing the framework should publish a notice (‘contract performance notice’) under section 78(2)(b) to declare partial termination of the framework, and set out in the notice that the supplier has been removed from the framework to ensure that all contracting authorities who are permitted to use the framework are aware. (There is no requirement to publish a contract termination notice under section 80 in this scenario because the contract has not been terminated and continues for other suppliers and the contracting authority.)

Assessment summaries

63. Assessment summaries are not required to be provided to suppliers following the award of a call-off contract. However, contracting authorities are encouraged to provide them as a matter of best practice.

Below-threshold frameworks and contracts

64. It would be unusual, but not impossible, to award a below-threshold contract that is a framework (‘below threshold framework’). The definition of a below-threshold contract in section 5 of the Act recognises this. Section 45(2) of the Act defines a framework as a contract between a contracting authority and one or more suppliers that provides for the future award of contracts by a contracting authority to the supplier or suppliers.

65. A below-threshold framework is one where the estimated total value of contracts to be awarded under the framework is below the applicable threshold for that type of contract (see Schedule 3 for how to estimate the value of a framework). It may be more likely that below-threshold frameworks are awarded for works contracts where the threshold is much higher than for goods and services (and therefore the estimated value of contracts to be awarded under the framework is higher). If the contracting authority considers there is a possibility that a threshold may be exceeded, they should award the framework as though it is an above-threshold framework.

66. A contracting authority may choose to award a regulated below-threshold contract under a framework that is not a below-threshold framework. As the contract awarded under the framework is a below-threshold contract, this means that:

1. contracting authorities are not obliged to publish any of the notices required for public contracts awarded under frameworks for the contract, though they may voluntarily do so, and
2. where relevant, contracting authorities will need to comply with the rules in Part 6 of the Act on below-threshold contracts (for example, section 87(3) requires a contract details notice if the contract is a notifiable below-threshold contract).

See guidance on below-threshold contracts for more information.

67. If a call-off contract is a mixed contract, where one or more elements of the contract are below-threshold, the call-off contract must be awarded in accordance with the provisions in the Act relating to frameworks and will generally be subject to the full requirements of the Act (i.e. not just those relevant to below-threshold contracts). See guidance on mixed procurement for more information.

Frameworks that are light touch contracts

68. Section 9(5) of the Act provides that a reference in the Act to a light touch contract includes a framework that provides for the future award of contracts by a contracting authority to a supplier or suppliers that are either wholly or mainly for light touch services (referred to in this guidance as a 'light touch framework').

69. Generally, light touch frameworks are subject to the same rules in the Act that apply to other frameworks. For example, a light touch framework may not permit the award of a call-off contract to an excluded supplier (section 45(6)(a)). However, there are certain exceptions for light touch frameworks (see sections 45(9), 46(11) and 47(5)) of the Act.

70. Where a framework that is not a light touch framework is used to award a light touch contract, no exemptions apply to the award of the light touch contract and the standard framework provisions in the Act must be followed. The sections 45(9), 46(11) and 47(5) of the Act do not apply.

71. Contracting authorities will need to comply with the Act’s standard noticing provisions when setting up and managing a framework with the exceptions set out in paragraphs 72-76 below.

Pipeline notice

72. A pipeline notice is required if a contracting authority considers that it will, in the coming financial year, pay more than £100 million under contracts for the supply of goods, services or works other than exempted contracts (‘relevant contracts’). For the purpose of calculating whether a contracting authority will exceed the £100 million threshold, the calculation must include all payments that will be made under existing and future contracts. Whilst a framework is a contract, the value of a framework itself is not taken into account. This is because payments will not be made under the framework itself, but instead will be made under each relevant contract awarded under the framework. Where a contracting authority is required to publish a pipeline notice, there is no requirement under the Act to include planned future awards of frameworks in the notice. However, a centralised procurement authority that is planning to establish a framework for use by other contracting authorities that is valued over £2 million should include the framework on its pipeline notice in order to provide early visibility to the market. If a contracting authority intends to establish a framework, they may include the details in their pipeline notice to help provide early visibility of the procurement to suppliers. They may also publish a Planned Procurement Notice.

Tender notice

73. Frameworks can be established under both the open and competitive flexible procedures. Tender notices for frameworks are generally the same as for other contracts, with some additional information. This additional information is set out in regulation 21(2) of the Regulations, and is (in summary):

1. details of the selection process to be applied on the award of call-off contracts
2. the term (duration) of the framework and the reasons (where relevant) for awarding a framework with a term exceeding 4 or 8 years in accordance with section 47(2) of the Act
3. identification of all contracting authorities that may award call-off contracts under the framework during its term. This can be done either by listing the names of those authorities, or by describing categories of authorities, for example 'all central government authorities as defined in the Procurement Act 2023'
4. whether the contracting authority intends to award the framework to a single supplier, a maximum number of suppliers (in which case, what the maximum number is), or an unlimited number of suppliers
5. whether or not the framework provides for the charging of fees in accordance with section 45(7) of the Act, and, if so, the fixed percentage of the estimated value of any contract awarded to the supplier in accordance with the framework and any other information needed in order to understand how fees will be charged
6. whether the framework to be established is an open framework and if so, the estimated end date of the open framework; and
7. where the framework is awarded under an open framework, the unique identifier used in the procurement of the previous framework in the scheme (this is done in the same way as linking to an earlier notice in a procurement, for example, by looking up the notice in the contracting authority’s systems, on the Welsh Digital Platform (Sell2Wales) or on the central digital platform).

Transparency notice

74. This notice is generally used in place of a tender notice if a contracting authority intends to directly award a framework (it is not relevant for open frameworks as they cannot be directly awarded). The additional information required to be included in a transparency notice for the award of a framework is set out in regulation 27(2)(w) of the Regulations and is:

1. the term of the framework
2. whether the framework will allow for fees to be charged to a supplier in accordance with the framework and, if so, details of the fixed percentage by which they will be charged in accordance with section 45(7) of the Act, and
3. the contracting authorities entitled to award contracts in accordance with the framework (whether by listing the names of those authorities or by describing categories of authorities).

Contract award notice

75. When establishing a framework, a contract award notice is required for frameworks which are public contracts. The details required in a contract award notice are set out in regulation 29 of the Regulations. Assessment summaries are also required when awarding a framework that is a public contract (regulation 32 of the Regulations). However, the information requirements for contract award notices published by private utilities differ slightly from those required for other contracting authorities (please see regulation 31 of the Regulations). For further information, please see guidance on ‘contract award notices and standstill’ and guidance on ‘assessment summaries’.

Contract details notice

76. This notice is required once the framework has been entered into. In addition to much of the information required to be included in a contract details notice for an open or competitive flexible procedure, it also requires the following additional information, which is set out in regulation 34 of the Regulations:

1. the contracting authorities entitled to award public contracts in accordance with the framework (whether by listing the names of those authorities or by describing categories of authorities)
2. the term of the framework (section 47 of the Act)
3. whether the framework is awarded under an open framework, and if so, the estimated end date of the open framework
4. whether the framework was awarded:
   1. following an open procedure
   2. following a competitive flexible procedure; or
   3. directly, in accordance with section 41 or 43 of the Act
5. details of how the successive frameworks under an open framework will be awarded
6. whether the framework provides for fees to be charged to a supplier in accordance with the framework and, if so, details of the fixed percentage by which they will be charged in accordance with section 45(7) of the Act
7. the price payable, or mechanism for determining the price payable, under a public contract awarded in accordance with the framework
8. details of the selection process to be applied on the award of a public contract in accordance with the framework, and
9. where the framework is awarded under an open framework, the unique identifier used in the procurement of the previous framework in the scheme.

77. Contracting authorities will generally need to follow the Act’s standard noticing provisions when awarding contracts under a framework. The following exceptions apply to noticing provisions for contracts awarded under a framework.

Pipeline notice

78. Whilst not a requirement of the Act, contracting authorities are encouraged to include call-off contracts valued at over £2 million in their pipeline notices.

Preliminary market engagement notice

79. Whilst the provisions on preliminary market engagement and preliminary market engagement notices in the Act do not apply when awarding a call-off contract, contracting authorities may, where relevant and appropriate, conduct preliminary market engagement and publish preliminary market engagement notices prior to awarding a contract in accordance with a framework.

Tender notice

80. Tender notices are not published for call-off contracts under frameworks.

Transparency notice

81. Transparency notices are not relevant for call-off contracts.

Contract award notice

82. Contract award notices are required for all call-off contracts which are public contracts, except for defence and security contracts awarded under a defence and security framework and direct award: user choice contracts awarded under Schedule 5, paragraph 15. The information requirements for contract award notices published by private utilities differ slightly from those required for other contracting authorities. See guidance on contract award notices and standstill for more information.

Assessment summaries

83. A competitive selection process for the award of a call-off contract is not a competitive tendering procedure for the award of a contract under section 19. This means that the provisions on assessment summaries and mandatory standstill do not apply, although a contracting authority may choose to provide assessment summaries and implement a voluntary standstill period.

84. Note that as the competitive selection process does not involve the assessment of tenders, (although it may require the assessment of suppliers’ proposals in accordance with section 46(8) of the Act), there is no requirement to include in the contract award notice the information set out at regulation 28(2)(n) relating to unsuccessful suppliers.

Contract details notice

85. Regulation 35 of the Regulations sets out the information to be included in a contract details notice published following the award of a call-off contract. Again, as for frameworks, much of the same information is required as is required for an open or competitive flexible procedure, plus the following additional information:

1. the unique identifier for the procurement of the framework in accordance with which the contract is being awarded
2. where the framework is arranged by reference to lots, the distinct number given by the contracting authority to the lot under which the contract is being awarded
3. details of which of the following procedures was used to award the public contract:
   1. a competitive selection process for frameworks, or
   2. an award without further competition, and
4. if it is an award without further competition, an explanation of why the contracting authority considered that it applies by reference to section 45(4) of the Act.

86. Contracting authorities awarding a ‘notifiable below-threshold contract’ under a framework must publish a contract details notice containing the information set out in regulation 37 of the Regulations and, whilst not required under the Act, the notice should include information about the framework they are using.

• Guidance on pipeline notices
• Guidance on thresholds
• Guidance on conditions of participation
• Guidance on competitive tendering procedures
• Guidance on assessing competitive tenders
• Guidance on direct award
• Guidance on below-threshold contracts
• Guidance on contract award notices and standstill
• Guidance on assessment summaries
• Guidance on contract termination
• Guidance on mixed procurement
• Guidance on exclusions
• Guidance on debarment
• Guidance on Notice Sequencing and Flowcharts