My question is. Is it legal for a public sector organisation in the United Kingdom to enter into such a framework agreement to add new suppliers after its creation? As you say, there is no such thing. If you were the only company to have secured a place in the framework, it cannot assign work to another company under that framework. Although, in most cases, there is more than one supplier involved in the framework, the Authority is expected to conduct a mini-competition between all suppliers to determine who would successfully win these call-offs. It is important to remember that just because you have a framework agreement does not mean that you are necessarily bound by the use of that agreement for each contract. There is nothing to prevent you from launching a separate tender if it is worth the extra fees and inconveniences. Under Regulation 32 of the 2006 Public Procurement Regulation (as amended), contracting authorities are required to introduce a “status quo period” between notification of an interim decision on the making of certain public tenders and introduction into all forms of mandatory obligation. That is why we wrote to the other bidders to explain our decision. Assuming that the interim decision remains unchanged on the basis of possible declarations during the status quo period, I will ensure that the framework agreement is finalized on behalf of the Authority and concluded at the end of the status quo period, and I will send you a copy for your documents. Since the framework agreement itself does not guarantee that the work will be assigned to you, it appears that the Clearsprings case would apply, i.e. the work is fragmented and it is not possible to determine in advance where the work is being done, so that staff should not be transferred to TUPE.
But I would either be specific legal advice about it by your lawyer and/or price for the possibility that you can take over the employees. The main purpose of such an agreement is in cases where the buyer is unable to define the volume of goods/services he needs or the date of deliveries. The terms of the agreement are designed to allow appeal contracts to be awarded as soon as the provision of goods/services is necessary. Only companies participating in a framework agreement can obtain work under an appeal agreement and it is not possible to include new suppliers in a framework once they have been awarded. In most cases, the contracting authority (the buyer) is not required to use the framework agreement and could enter into a separate contract, provided that the necessary bidding rules are respected, etc. This happens sometimes, although it doesn`t really make sense for an authority to endure the wrath of launching a framework contract, choosing the best suppliers, and then deciding to go through another contracting process. It is strongly recommended that you not incur fees or enter into binding agreements until you have received the signed and dated framework agreement from the Authority. In short, we can move from a fixed contract to a framework contract with that supplier, when the tender document of the original procedure had no intention of framework and, therefore, none of this was reflected in the appeal document.
In addition, for mini-competitions, we have the right to renegotiate the price if the volume of business increases, if the number of trusts increases on the frame? I expect that the contract concluded at the time of the judgment will deal with roles, the rate of the day, the expected duration or the magnitude of the task, etc. The contract is concluded in the appeal phase and, once it is awarded, it is this contract that defines the terms of the delivery. Although it does not always appear that a framework agreement is based on the expected requirements of the organization or organizations parties to the agreement.