09 Apr Framework Agreement Tupe
The value of all contracts awarded during the year for similar goods and services must be aggregated, and it is the total value that determines whether the contract is superior to the Olympic Games. In other words, the value of each contract is irrelevant, so even a $10,000 contract should be awarded within a framework or tendered separately in the Official Journal of the European Union if the total value of all similar contracts exceeds the corresponding threshold. I am not sure that the type of executives I described above will become more accessible to SMEs. But perhaps public sector organisations in the UK will more often wonder whether all the goods and services they buy are best supplied in this way or whether it makes sense to have a more diversified, innovative source of local supply. Hello there, We are a small SME based in Bristol, which provides drainage maintenance on a framework agreement to a large local authority in the South West. At the time of making our offer, we were 30% cheaper than the next good faith bidder. There was another bidder who was 15% above our price, which was cancelled very early after the valuation and price. This authority has a large number of multi-storey hi rise blocks that have several stacks of floor that run the entire height of the buildings. We have a soil battery maintenance program in place that we have put in place over the last two years. During this period, we found that soil piles are becoming increasingly difficult to use due to the high volume of cooking fats and ghees that effectively clog batteries. We approached the consulting purchasing team to tell them that the specifications of the work have changed radically since the date of the tender and that this must now be reviewed to carry out this work at available prices, which would result in financial losses for this work.
We also indicated that the flow and piping flows at the foot of this pile should also be put on a planned program to avoid surcharges and flood risks. We have asked for a treaty amendment to reflect these changes. The acquisition told us that the only opportunity they have is to offer this work to the next contractor on the framework. We have also made it very clear that we are prepared to do this work in new sentences, and we think it would still cost much less than leaving the work to the next contract on the framework, which costs 30% more. At a time when local authorities are facing extremely difficult financial pressures, we find this approach confusing. As we speak, this work is now being done by the next available contractor. I find nothing in the Treaty to indicate that there is a mechanism to change a work specification. I would be very grateful for all the advice you can give on the way forward. Best wishes Pat Cullinane I can see that a supplier who would miss a contract would probably be a challenge. Given that a legally obtained framework has been used, it seems difficult to grant a challenge when it is brought to justice. If it were possible to argue that the Authority distorted competition in the use of the framework it chose, there might be a case to be answered. I have not heard of such cases and they would be difficult to prove, but that would certainly be interesting.