What is a framework agreement?
A framework agreement is an instrument of technical streamlining the recruitment of preset a series of conditions or terms that will be common to all contracts are awarded during the operation of the framework agreement. This system allows to streamline the processing of contracts and makes the accession of agencies or entities of the state sector not included in the area of compulsory recruitment centralized, as well as the autonomous communities and Local Entities.
What is a framework agreement?
Contracts that are concluded on the basis of a framework agreement are called "based contracts".
Once a framework agreement, organs and agencies that require the services or supplies, within the selected portfolio or through a new tender, the company participating in the framework agreement whose services or products to meet their needs in the best possible way.
To this end, the target organism of the provision, propose the based contract award to the contracting authority. The Contracting authority of the contracts based will be the DGRCC except in the case of the entities in which it will be provided in the general rules applicable to such entities.
Types of framework agreements and processing of contracts
Framework agreements that do not have any specific terms or conditions set out in the framework agreement: in this case for each contract which is based is obliged to call on companies contracting of the framework agreement to a bidding process for defining the terms and conditions that were not a predefined, following the procedure under article 221 of the Public Sector contracts law.
The criteria for evaluating the offers in this tender are selected by recipients of the provision of between shown in the solicitation documents and the framework agreement should be displayed in the bid that will serve as a basis for companies to submit their tenders.
Once valued the offers for the target organism of the provision, if this is not an entity attached, will propose to the DGRCC the award of contract based the tenderer which submitted the right offer and agree with the criteria set out in its tender.
Framework agreements with all the terms or conditions set out in the framework agreement itself: in this case it is not necessary to make a second tender.
When the framework agreement to establish all terms, well without bidding, either with new tender, the possibility of applying both systems should be provided for in the solicitation documents the regulatory framework agreement and the solicitation documents shall determine the assumptions that referred to a new tender, as well as the terms which are the subject of rebidding, if applicable system. In order to award contracts based on a framework agreement with all the terms defined without bidding, it will require the solicitation of the framework agreement provides the objective conditions to determine which part of the framework agreement shall be contract adjudicataria based and perform the provision.
The target organism of the provision, that is not an entity attached, will propose to the DGRCC the award of contract based the bidder that has submitted the right offer and in accordance with established criteria.
