FRAMEWORK CONTRACTS
1.  Definitions
Framework Contracts
The standard contractual term ‘Framework Contract’ is a contract that establishes terms and conditions under which subsequent contracts will be placed (i.e. when a purchase order is placed with delegated purchasing authority).  There is no defined commitment for the purchaser to purchase but there is a commitment for the supplier to supply under the defined terms and conditions of the contract agreed.  One of the terms that is agreed is the maximum price per item specified although it is usual to build in the requirement for further mini competitions to establish a relevant cost for each element with the contract at the time of need.
1.1  Framework Agreement/Arrangement
The European Commission views these as interchangeable terms.  They are not binding on the purchaser to purchase, nor are they binding on the supplier to supply.  Both purchaser and supplier can walk away.  They also establish terms and conditions under which subsequent contracts ma y be placed, sometimes following further “mini” competitions between a range of pre-selected framework suppliers.
1.2  Call-off Contracts
A call-off contract is a contract that is binding on both the purchaserspring framework documentation
to purchase and the supplier to supply.  There is a specific undertaking to purchase all/a given quantity of goods or services over a given period.  A call-off contract allows purchasers to requisition (or “call-off”) items as and when required at the prices shown under the terms and conditions agreed.
2.  Scope of Frameworks
Framework Contracts have been subject to competition by SPD, allowing the Scottish Executive, it’s Associated Departments, Agencies and Fringe Bodies to order goods and services under the terms, conditions and prices agreed.
Additionally contracts established by UK Government Departments  (e.g. OGC Buying Solutions) may be utilised by the Scottish Executive where these offer improved Value for Money (VFM).
Once established they should be advertised throughout the S cottish Executive it’s Associated Departments, Agencies and Fringe Bodies, by the originator of the contract.
The use of Framework Contracts is common throughout Government and a list of Framework Contracts is contained on the SPD website.
If you become involved with SPD in setting up one of the above, normal procurement procedures apply. In deciding whether a Framework Contract is appropriate, the following factors should be considered:
What
• What is the requirement - is there a wide customer base ?
• What is the estimated usage, is sufficient detail known to consider a Call-off Contract ?
• What is the estimated value - what would be the impact on prices if a number of items were selected from the same supplier?
Who
• For whom is the purchase being made - can the customer base be extended?
• Who, e.g., Central Procurement Agencies, other Government Departments, may already have a contract in place? (Post Tender Negotiation (PTN) can still be considered as a result of increasing the contract quantities).
When
• Timescale - is the need an ongoing requirement?
• Period of contract - consider the needs of the whole customer base?
Length of the contract: which will depend on the fluctuation of prices and may need to be shorter if item prices are highly variable. (service contracts should benefit from a longer-term commitment because of the disruption and expense sometimes caused by the "learning curve" resulting from changes in supplier. However, if a contract is in place for too long a period, contractors often beco me complacent.  Under the consolidated Directive, the maximum period for a Framework Contract will be four years although exceptionally, a longer period can be justified.  Managing service contracts is therefore very important (see Contract Management)
Which
• Which is the most appropriate option?
3  Benefits of Framework Contracts:
• reduced administration: one tendering exercise undertaken centrally;
• competitive pricing: the tendering process will identify selected suppliers who are able to offer improved VFM;
• assured quality: where appropriate quality assurance aspects will have been taken into consideration and legal requirements such as Health and Safety at Work will have been incorporated;
• legal protection against breach of contract: call-off orders will be covered by the terms and conditions of contract specified in the original contract, which will generally be those specified in the Invitation to Tender (ITT) by the Scottish Executive, and will therefore provide better protection than the supplier’s standard terms and conditions;
• delivery of goods: the suppliers will generally hold stock of the agreed range of goods. This means that delivery lead times will be reduced and the requirement to hold excess stock will be eliminated;
• supplier’s stock: the supplier is able to plan stock levels to ensure continuity of supply;
• relationships: establishes a longer term working relationship with suppliers which should result in improved flexibility and co-operation.
Tender analysis should identify the total price from each supplier (based on the quoted item price and forecast demand) and also rank the suppliers against each item. A number of ‘what if’ scenarios can then be investigated, including, for examp le, the total price if the cheapest quote is selected for each item or the cheapest combination using more than, say, two suppliers. The format of the analysis must be agreed before tenders are opened, in order to preserve equitable treatment.
In general, you should focus attention on those suppliers offering the best prices for the highest value expenditure items within the contract. The objective is to achieve the best overall solution which may lead to the choice of more than one supplier. However, you should remember also that the initially-tendered prices are likely to drop if you offer a supplier a significant share of the business.
There are no hard and fast rules for getting the best deal, but consider the following points:
•    a single supplier is often the best answer. If you are considering splitting the contract between two or more suppliers, be sure that you could not get a better deal from a single supplier; and
• do not forget other commercial factors such as delivery costs (should normally be zero), minimum order quantities, payment terms etc.
For requirements covering a wide range of items, which are based on a trade catalogue, discounts are normally offered against the list price. To evaluate tenders, the list price will therefore have to be considered, as well as the discount offered. It will be impractical to consider all items in such an analysis and a ‘shopping basket’ approach is often taken selecting typical items from the range. The items selected should be those with the highest forecast expenditure value.
4  Terms and Conditions of Contract
Careful consideration should be given to what terms and conditions of contract should be applicable to the contract. While the Scottish Executive Standard Conditions of Contract, SETC 1, SETC 2, SETC 3, SETC 4 and SETC 5, should be used, consideration should also be given as to whether these are wholly appropriate for the circumstances of the contract in question, and if in doubt reference should be made to the Scottish Executive Solicitor’s Office.
The main areas of special terms and conditions for Framework Contracts are in the areas of assurance of price stability and service level.
It is Government policy that normally contract prices should not be varied over the first year of a contract.  If any of the Scottish Executive Standard Conditions of Contract (SETC 1 - 5), or OGC Buying Solutions terms and conditions are being used for the contracts, then pricing methods which vary from those set out in SETCs/Buying Solutions Model Agreements must be cover ed by special conditions under a variation of price clause.
The order will generally be made for supply against a Framework Contract (within the core Scottish Executive by the use of EASEbuy.)
The agreement/contract number should always be quoted on the purchase order which should be fully priced. Where the contract is for x% discount off list price it is best to show the list price and the discount taken separately. Items should, where possible, be identified by the manufacturer’s item code and care should be taken with units of measure.
Minimum order quantities or values agreed should be strictly adhered to.
6  Managing Frameworks
Progress should be monitored regularly. Key questions to be answered are:  • how does actual expenditure compare with forecast both overall and by individual items;
• which items available from the agreements/contracts are being purchased elsewhere; and
• what problems from agreements/contracts are being experienced by customers in relation to quality, delivery, performance, etc.
• usage of suppliers that have been awarded the contract.
The information collected should be used during regular reviews with suppliers to improve performance. It should also be used when considering tender renewal action.
While many Framework Contracts run their course with no need for change, there will be some where amendments are required, most frequently to the price. Typical situations where this can occur are:
• the actual demand is higher or lower than originally forecast;
• there has been an unexpecte d change in due to fluctuations in materials costs; and
• users are experiencing quality or delivery problems.
Whenever the supplier is requesting a price increase they should always be asked to justify it. Even if t
he demand is lower than foreca st they should be asked to show the incremental cost to them of such a change. Where the issue is a change in cost, material, fuel, etc., they should be asked to prepare a detailed cost breakdown for representative items within the range.
Where demand exce eds estimates previously given, prices should always be negotiated with the supplier in an attempt to reduce them.
An increase in price sought by the supplier as a result of poor demand is not normally permitted unless allowed for in the agreement/contract. Clauses should always make this clear.
It should be remembered that good management involves good planning. On that basis it should be noted that many re-tendering procurements take a minimum of 3 months from advertisement to choice of supplier. Therefor e, it is important to plan ahead
7  Post Factum Reviews
Comprehensive reports are not required, but a summary of key points can be useful. The purchaser, in conjunction with the customer(s), should undertake an annual review during the of the contract. Critical/constructive feedback should be provided to the contractor. The review could include:
• usage compared with forecast;
• level and nature of user complaints;
• supplier performance;
• contract start and finish prices of key items;
• summary of negotiation history;
• unexpected expenditure with reasons and recommendations;
• benefits of arrangement (financial and non-financial);
• cost of setting up and managing the arrangement;
• recommendations for new arrangement, e.g. change scope quality; and
• total project expenditure against project budget, with reasons for any overspend.
8  Termination
As with any contract, where the supplier has been repeatedly called in to discuss quality or delivery problems, it should ultimately be pointed out that failure to improv e performance may lead to termination of the agreement/contract.  If a Framework Contract is terminated you should ensure that the supplier is given the requisite notice and that alternative procurement arrangements are put in place.

版权声明：本站内容均来自互联网，仅供演示用，请勿用于商业和其他非法用途。如果侵犯了您的权益请与我们联系QQ:729038198，我们将在24小时内删除。