eTenders Forums

Hi,

I have two questions regarding framework agreements that someone might be able to help me with?

A contracting authority wants to establish a framework agreement and their initial budget is roughly 400K.  Would the CA have to advertise in Europe even though it intends to run a series of mini competitions (when the framework is established) each of which will range in value from €5K to €80K.  Obviously each of the mini competitions would be well below the European level, so I guess the question is do you take the value of the whole framework into account when advertising on etenders or can you advertise on the basis of the largest value mini competition that you might run within that framework?

Following on from that, if you advertised the whole project of 400K, would this not stop a lot of smaller SME’s from being able to submit a competitive tender response even though if admitted to the framework, they could be far more competitive on smaller mini competitions that the larger organisations.

Any suggestions would be appreciated.

Many thanks

 

Colm

 

Colm

It's the total value of the framework agreement that determines whether or not it needs to be advertised in the Journal. In this scenario an OJEU notice would be required.

Frameworks actually facilitate SMEs as they do not have to be in a position to supply the entire contract (where a multi-supplier framework with mini competitions is envisaged) - they might not be able to supply huge quantities but would be better placed to deliver smaller quantities. If delivery timeframe is part of the second round competition, and is important, this might even facilitate local suppliers.

Analysis (by D/Finance) of recent framework arrangements shows that the majority of pre-qualified companies are Irish SMEs.

Regards

Liz

Colm,

I agree with the need to advertise. Having concluded that the CA's needs are valued at €400k then subject to actual breakdown this suggests EU wide advertising is required in any event. This aspect may need closer attention.

 

A FWC may not necessarily discourage SMEs from participating, quite the reverse if advertsied appropriately. One solution is to divide the entirety into lots and advertise and award all lots via a FWC. A condition of tendering might be to supply one or more lots, and to tender prices etc accordingly. In this way you could get SMEs bidding for the smaller lots.

 

You would not be restricted to a FWC. These work best when the particulars of any foreseen purchase are not fully detertmined, but you are locked into using FWC members - unless you advertise afresh without reference to the FWC. But if all needs have already been determined then you could go the open/restricted route using lots.

 

rgds

 

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