A framework agreement is the form technical rationalization of procurement that consists of pre-establishing a series of conditions or terms which will be common to all contracts based on this framework agreement. This system allows for simpler management of controls to facilitate the sign-up of agencies and entities, as well as Autonomous Communities and Local Authorities.
What is a framework agreement?
Once the framework agreement is executed, those bodies and entities requiring services or supplies shall select, within the catalogue or through a new tender process, that company participating in the framework agreement whose products or services meet its needs in the best way possible.
For these purposes, it shall propose to the DGRCC the awarding of the corresponding framework contract.
What is a second round tender?
According to the Consolidated Text of the Public Sector Contracts Law , in order to award framework contracts based on framework agreements, in those cases in which not all terms are established it shall be necessary to call the parties for a new tender process, following the procedure established in Articles 198.4. Likewise, a second round tender may be used when so provided for in the framework agreement and when the particular circumstances of the acquisition so require it.
In the event of framework contracts subject to harmonized procedures with a value in excess of €135,000 (excl. VAT) it is obligatory to hold a second round tender in which a tender offer is requested of all initially successful tenderers for the services or supplies requested, while in all other cases tender offers may be requested of only three of the participating companies, provided this extreme case is justified in the process.
The assessment criteria for bids in this tender are selected on the part of the bodies or agencies from those included in the technical specifications of the framework agreement and must be indicated in the tender document.
Once the bids are assessed by the requesting body or agency, it is up to the DGRCC to award the contract to the tenderer that has presented the most suitable bid for its needs and in accordance with the criteria established in the tender document.
Types of framework agreements
Those that do not have all the terms and conditions fixed in the framework agreement: in this case for each framework contract, a second round of the tender process must be held for successful tenderers in the framework agreement in which the terms and conditions not previously defined are set out, in accordance with the procedure established in Article 198.4 of the TRLCSP.
In cases where terms and conditions are fixed in the framework agreement itself, a second round tender is not necessary. Nevertheless, in some framework agreements, new tenders are held when it is expected that, due to specific circumstances, better-than-market conditions are to be obtained as may be the case, for example, with large orders.
The DGRCC has coordinated aggregate purchases processes of computers and software for the years 2014, 2015 and 2016, in collaboration with the Directorate of Information Technologies and Communication of the Ministry of Finance and Public Administrations, for which it has estimated the requirements of ministries and agencies of the General State Administration and awarded companies within the framework agreement have been required to offer large-volume discounts.
Thanks to aggregate purchases, an important saving has been achieved, reaching a 30% discount for volume on the price of products awarded while homogenization of products was also ensured.