Framework agreement

A framework agreement consists of the prior presentation of a series of conditions that will be common to all contracts based on said framework agreement.

It is a system whose purpose is to simplify the management of contracts, as well as to facilitate the adhesion of organizations or entities and of Public Administrations.

Once the framework agreement has been signed, the organizations that require supplies or services will select the participating company through a public tender. In this way, to meet your needs in the best possible way. We are thus facing the so-called based contracts.

Framework agreements and second tenders

According to Spanish legislation, the Public Contract Law determines that when not all the terms of the framework agreement are defined, it will be necessary to proceed to a second tender. On the other hand, a new tender may be used when this has been foreseen in the agreement and the specific circumstances of the acquisition so advise.

With regard to framework agreements with a second mandatory tender, based contracts whose object is subject to harmonized procedures with an estimated value greater than € 135,000 (VAT excluded), an offer must be requested from all the companies awarded the services or supplies that are requested, while in other situations an offer may be requested from at least 3 successful bidders.

The conditions for contracting must be set by the corresponding bodies and will be included in the specifications of the framework agreement.

Once the offers have been evaluated, the agency will propose to the General Directorate of Rationalization and Centralization of Procurement award the service or purchase to the winning company. This being the one that has presented the most appropriate offer and that best suits your needs.

Types of framework agreements

• Framework agreements that do not have all the terms or conditions set out in the framework agreement: For each based contract, it will be mandatory to carry out a second tender with the winners of the framework agreement in which the terms and conditions that were not pre-established are specified.
• With all the terms or conditions set in the framework agreement itself: It is not necessary to resort to a second tender. However, there are framework agreements in which new tenders are promoted when it is anticipated that, due to a series of specific circumstances, better market conditions will be achieved. This happens frequently with large volumes of purchases.