In accordance with public procurement legislation. When a framework agreement is financed by public funds and the estimated total value of all potential calls exceeds the EU contracting threshold, it should be published in the Official Journal of the European Union (OJ L 240 of 16.12.2006, p. 1). As you say, there is no such thing. If you were the only company to have secured a place in the framework, it cannot assign work to another company under that framework. Although, in most cases, there is more than one supplier involved in the framework, the Authority is expected to conduct a mini-competition between all suppliers to determine who would successfully win these call-offs. The answer to the second part of your question is that executives have a finite value and once appeal contracts have been entered into against the framework that exhausts that value, a new individual contract or framework should be put in place. I am really perplexed as far as the frame is concerned. We got a contract with the municipality which was a four-year contract. The work was good at first, and then we noticed that an external company was providing its services at a lower price when they had not received the offer. Would it be fair to say that the municipality should have made a mini-tender to invite others? We spoke to the local authority about our concerns and its response was that they had informed management that they should follow the framework and use the excellent preferred company before any external venture. This has never been the case and we feel that we have lost a great opportunity and money.
Why would the authorities do that to us? We think that is extremely unfair. We also drew attention to the fact that they do not have to fulfil certain contractual obligations, such as mandatory training. B of their staff, as we do. They also do not receive a flat-rate rebate that must be repaid quarterly. How can this be a fair trial? You feel like you`re being discriminated against. We worked very hard to win the tender, and yet it seemed that we were better off not having the market. The definition of a framework agreement is that it sets the conditions for awarding contracts, including price. An obiter dictum (an expression in court or in a written judgment, but which is not essential to the decision and is therefore not legally binding as a precedent) of the judge in Henry Brothers No.
2 (point 25) held that the prize should always be used as a criterion for awarding a framework agreement and that, therefore, , the price had to be set as part of it. Most framework agreements offer no guarantee of the extent of the work being done. If, at a time when interest rates were high, a framework has been reached and we are now at a time when rates are lower, it is certainly worth asking whether appeals should be stayed for the duration of this agreement. A new framework could be put in place, which would have the advantage of blocking lower rates for the duration or perhaps launching only a few specific tender projects as part of a ser competition. One client asked this charity to perform a buying exercise through its framework, but gave them its own contract for use. The charity has a framework contract and an appeal contract that they always use.