When setting up a framework agreement, the contracting authority should include as many conditions as possible in the contract documents applicable to the appeal contracts, so that suppliers are aware of their risks related to the terms of appeal. However, if it is not possible to define the conditions for an appeal, these conditions may be set at the time of consultation through the use of a mini-competition. For more information on the requirements for a mini-contest, check out our note on the use of frames in the Document Toolkit tab above. 2. Where a framework agreement includes both direct allocation and mini-competition, the framework agreement must include objective criteria for determining the method to be applied and when (see Regulation 33, paragraph 9, point a). I would have said that this has always been the case, but most of the club executives I meet seem to assume that the client has free choice about it. Regulation 33 usefully outlines the four types of framework agreements. The European Commission`s comments on framework agreements (adopted under the former 2004/18/EC Directive on Public Procurement) do not change much. It should be noted, however, that contracting authorities can take a hybrid approach when contracting under a multi-supplier framework agreement, allowing them direct access to direct calls and mini-competitions.

While this has been a common practice, it is reassuring to see that this is reflected in the legislation. The above criteria are most likely to be applied to co-modeled products. Under these conditions, the specific contract is offered to the supplier, which will be most effective in responding to the order. Efficiency is assessed on the basis of price, date, magnitude or any other factor defined in the framework agreement. If a supplier is unable to execute the contract, provided that the provisions of the framework agreement provide for it, the contracting authority may offer the call contract to the next supplier in the series. 3. There is no agreement on how „Lots” works in the framework agreement in relation to the category of suppliers who „are able to execute the contract.” When contracts are displayed in batches, each batch gives a separate contract.