Q&As

Where a multi-supplier framework agreement allows the call-off terms to be varied by the contracting authority, where in the documents should this be specified and would a supplier be bound to accept such varied terms?

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Published on: 18 December 2017
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Where a multi-supplier framework includes provision for varying the terms for each Call-off, where in the Procurement/Contract Documents should this be specified?

Where a contracting Authority wants the ability to vary the terms for each call-off under a framework it is important that the framework agreement includes provisions for varying the terms/mechanism for call-offs. The framework agreement will need to set out the mechanisms for awarding the call-off, which will be done either through a direct call-off or through a mini-competition.

Where the framework agreement contains provisions for varying the terms it is important that this extends only to allowing the terms of a call-off to be refined or amended. However, to be clear, it cannot go as far as making substantial amendments, as set out in regulation 33(11) of the Public Contract

Peter Ware
Peter Ware

Partner, Browne Jacobson

Peter specialises in complex procurement, shared services, outsourcing and public sector joint ventures. Prior to joining Browne Jacobson, Peter worked as a special projects adviser for Nottinghamshire County Council. His extensive knowledge of local authority law and his time leading major projects has given experience in advising all types of public bodies on commercial matters, in particular their public procurement, PPP and commercial work. He is also Finance and Membership Secretary of the Procurement Lawyers Association and a regular public speaker.

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Jurisdiction(s):
United Kingdom
Key definition:
Call-off definition
What does Call-off mean?

The practice, under a framework agreement, of instructing specific works to be carried out. Depending on the structure and terms of the framework agreement, call-off may require a contract to be entered into or may just require a call off notice to be given by the instructing party.

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