Who can use the Frameworks

 

Public sectors which can use the frameworks

 

Legal Opinions

Legal Opinion – Public Contracts Regulations 2015

“In our opinion we believe that the procurement structure and the legal documentation to support the PAGABO framework agreements are consistent with the relevant legislative requirements contained within the Public Contracts Regulations 2015 and are thus “EU compliant”. The procurement structure is an innovative and robust application of principles contained within the Regulations which permit the creation of Framework Agreements and allow multiple client organisations to benefit from a centralised purchasing approach. Provided that the procedures and timescales are adhered to in respect of each Framework Agreement then we anticipate that public sector bodies and private sector suppliers alike will benefit from this refreshing approach, which should drive efficiency and savings across the public sector.”

Richard Piper, Gordons LLP, Partner - Head of Construction

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Legal Opinion – Public Contracts (Scotland) Regulations 2016

In our opinion, contracting authorities based in Scotland are able to access these Framework Agreements and award call off contracts under them provided they follow the call off procedures referred to in each of the Framework Agreements and provided they comply with the terms of The Public Contracts (Scotland) Regulations 2012 or The Public Contracts (Scotland) Regulations 2016 (as applicable) and any other applicable public procurement law.

In our opinion, in principle there is no barrier in procurement law to Scottish contracting authorities accessing Framework Agreements procurred by central purchasing bodies in England & Wales. Indeed, we note that Regulation 40(3) of The Public Contracts (Scotland) Regulations 2016 even specifically permits contracting authorities use centralised purchasing activities offered by a central purchasing body located in another EU Member State, let alone one based elsewhere in the UK.

Douglas McLachlan, Anderson Strathern, Partner

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