Within our ever changing and exciting industry, we are seeing a growth in the number of potential frameworks to be associated with. With waste management listed as being one of the largest spend areas for most local authorities, there is growing pressure to be part of such frameworks that claim to help deliver savings. There are a number of frameworks within our industry, with the best known being WRAP’s call-off contracts.
What is a Framework and how do they work?
The EU Public Sector Procurement Directive defines framework agreements as:
“An agreement with suppliers, the purpose of which is to establish the terms governing contracts to be awarded during a given period, in particular with regard to price and quantity”.
In this case a framework agreement is, in essence, an agreement with potential providers that sets out terms and conditions under which specific purchases can be made throughout a period of years, usually four. The typical services or goods procured using frameworks can vary depending on the need and requirements of the Local Authority. However, the general ones tend to be:
- Consultancy services;
- Operational services;
- Maintenance contracts;
- IT equipment and office supplies.
Generally frameworks can be set up when the purchasing authority knows they are likely to have a need for a particular service of product and are unsure of the exact extent of what is available on the open market.
Certain frameworks need to be advertised using the OJEU process providing the maximum value of the service or goods over its lifetime exceeds the relevant EU threshold of approximately £173,000 (as of January 2012). Once such frameworks are advertised, suppliers of services or goods, apply to be part of a framework, which generally tends to be a company ‘Health Check’ where companies are assessed for their financial standing and any other specified criteria. Once approved the supplier is invited to submit in a series of fixed prices for the range of services or goods to be provided for the period of the framework. As and when tenders are advertised throughout the framework period, suppliers are given the option of tendering for the works.
Key Advantages and Disadvantages of Frameworks
The key advantages and disadvantages of framework are as follows:
Advantages:
- Not having to go through the full OJEU process every time the need for a service or goods arise; and
- Potential reduction of tendering costs and time of the process for both suppliers and purchasers
Disadvantages:
- Four year contract terms can in-flexible and relatively unresponsive to change i.e. innovation; and
- Tend to apply a ‘one-size fits all’ approach which can lead to difficulties when trying to satisfy own procurement objective.
Key Issues to be considered when using a Framework Agreement:
Through our experience and knowledge of certain frameworks, we have devised and list of what we think to be key issues that need to be considered before entering into such agreements. The most common issues are, as follows:
- Total reliability upon the framework to deliver you, your bespoke and individual based services;
- Within certain frameworks, expecting non waste related personnel to deliver and evaluate technical solutions;
- Direct ordering when a mini-competition should have been used i.e. contacting or ordering from your own known suppliers;
- Depending on the use of a procurement process; not thinking through the exact service requirement leading to a poorly defined specification/contract;
- Contractors being part of such frameworks only because it’s what the rest of the market are doing i.e. too big to miss;
- Including pre-qualification criteria that will have already been assessed in the procurement of the framework agreement – this is not permissible;
- Adding or amending terms and conditions specific to your own needs that are outside of the original scope envisaged in the framework;
- The pre-selected award criteria suiting specific companies and not others on the framework;
- Adding unrelated evaluation criteria that are not specified in the framework;
- Not publicising the weightings of award criteria and sub-criteria used;
- Not allowing suppliers enough time to consider your requirement in order to formulate a realistic and competitive bid;
- Failure to follow correct procedures for e-auctions; and
- Creating “Framework within a framework” type arrangements to narrow a larger field of suppliers for subsequent call-off contracts.




