7 Dec 2020


In 2004, the Public Sector Directive introduced provisions on framework agreements, which are considered “framework agreements” for the provision of goods, works or services, for which the contracting authority is repeatedly required. Framework agreements may be concluded by one or more contracting powers with one or more economic operators. They set out the conditions under which subsequent contracts (calls) can be awarded under the framework agreement. Because of their effectiveness, they have gained popularity and importance in market-oriented tenders since their introduction. It has been suggested that framework agreements are more effective than traditional purchasing exercises, as they save time for both the buyer and the supplier, as well as the resources and costs associated with negotiating the terms and conditions for each individual call. Efficiency is particularly important, as public procurement accounts for 18% of GDP in Europe. In order to achieve the above objectives, it is necessary to define the framework agreements in question first. The focus will be on different types of framework agreements and on assessing their pros and cons. Second, the most common challenges and uncertainties faced by adjudicator powers in the use of framework agreements are identified and analyzed. Particular attention will be paid to the following challenges: the conclusion of framework agreements on purchasing power plants; analysis of whether framework agreements are public procurement; identification and definition of the purpose of framework agreements. It also analyses the procedure for concluding a framework agreement and the subsequent attribution of refusals. Finally, the last section will contain final observations.

The current thresholds (2020) that are relevant to educational institutions are: USD 189,330 for goods and services, USD 4,733,252 for contracting works and USD 663,540 for the purchase of a specific list of services listed in Schedule 3 of the Regulations. Like any regulatory framework, the EU Public Procurement Directive depends on an effective enforcement system. Bidders who have lost as a result of violations committed by your organization have recourse to create an appeal.

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