Research Handbook on EU Public Procurement Law
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Research Handbook on EU Public Procurement Law

  • Research Handbooks in European Law series

Edited by Christopher Bovis

The Research Handbook on EU Public Procurement Law makes a major contribution to our understanding of the EU public procurement regime, at a time when it is being implemented by the EU Member States, and of the pivotal role that this will play for the delivery of the European 2020 Growth Strategy. The internal market relies on a simplified regime in the European Union, which will result from procedural efficiencies and from streamlining the application of the substantive rules. The Research Handbook has comprehensive thematic coverage which includes: public procurement regulation, strategic procurement, justiciability in public procurement, public procurement and competition and public procurement and public service.
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Chapter 4: Public procurement and frameworks

Rick Canavan

Extract

Framework agreements have become an established feature of the public procurement landscape. Essentially a means of identifying a qualified supplier (or suppliers) with whom contracts might later be concluded on terms broadly identified by the framework, they represent a flexible tool deployed across a range of procurement activities, useful almost irrespective of scale and to some extent frequency of dealing. Such arrangements potentially offer a means of readily achieving administrative and price efficiencies, particularly in the context of repeat dealings in the same or similar types of goods and particularly for the acquisition of commodity goods. The purpose of this chapter is to offer an exposition of the nature and purpose of the framework agreement at large and to then focus in on the framework agreement as it is defined and conceived for the purposes of European public procurement regime with a particular emphasis on the understanding of that regime in the UK. This chapter will consider the concept, definition and forms of framework agreement and how frameworks to which Directive 2004/18/EC is applicable may be operated, established and breaches of them remedied. Finally, this chapter will turn to examine whether, notwithstanding their wide usage, frameworks are in fact capable in principle and in fact of delivering the efficiencies and cost benefits that they appear to herald while maintaining fairness and transparency.

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