Full Description
This book examines the increasing marketisation of framework agreements in UK public procurement and proposes reform to refocus the purpose of this vital purchasing tool and renew the emphasis on public service delivery.
Through detailed empirical research, the book examines how contracting authorities set up and use framework agreements in practice, the behaviours of centralised procurement authorities and the private sector, and how these have been addressed or not under the Public Contracts Regulations 2015 implementing EU Directives. This reveals the scale of marketisation, the effect of legal rules on framework agreement efficacy, and the need for regulatory and other reform. Going further, post-Brexit, this book also examines the relatively limited impact of the new UK Procurement Act 2023 in addressing these issues and identifies a pressing need for further regulatory, institutional, and industry reform.
The book provides the reader with a detailed understanding and analysis of the rules and policies on framework agreements as developed and applied under EU law and UK law, including the UK's post-Brexit efforts at reform, and the resulting legal uncertainty. It also provides insight into the less explored attitudes, behaviours, and practices. This includes everything from centralised purchasing authorities competing against each other to provide framework agreements across the public sector to private sector organisations seeking to run framework agreements for profit.
The book will be of interest to practitioners keen to understand and mitigate legal and commercial risks in setting up and using framework agreements. It will also guide policy-makers on the key priorities for targeted reform. Civil society organisations will gain insight into the ongoing challenges of ensuring transparency and accountability. The book will also be of comparative interest in the EU given the UK's experience as a Member State and internationally for countries looking to reform their approach to regulating framework agreements.
Contents
Part I: The Marketisation of Frameworks in the UK
1. Introduction
Part II: The Marketisation and Regulation of Frameworks
2. Frameworks and their Marketisation in the UK
3. Regulation of Frameworks in the EU
4. Regulation of Frameworks in the UK
Part III: Practice in the UK
5. Factors Informing Use of a Framework: Meeting the Legal Definition, the Framework Market, and Choice Between Purchasing Tools
6. Preliminary Market Engagement and Advertising a Framework
7. Appointment of Framework Suppliers
8. Using a Multi-Supplier Framework in Practice
9. Compliance, Review and Remedies
Part IV: Reform
10. Regulatory Reform of Frameworks in the UK
