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Procurement Act: frameworks and dynamic markets

FAQs received on frameworks and dynamic markets under the Act.

FAQs

  • Are the Direct Award Justifications in Schedule 5 of the Act specifically aimed at direct awards of contracts or can they also be applied to direct awards under a framework?
    Schedule 5 of the Act deals with direct awards of contracts without competition, and not with direct awards under a framework. Direct awards under a framework would need to be made in accordance with the terms of the relevant framework itself and in compliance with section 45(4) of the Act (i.e. the framework already sets out the core terms of the call-off contract and contains an objective mechanism for selection the supplier for direct award).

  • Can the "objective mechanism for supplier selection" in a framework simply state the contract can be awarded directly to any framework provider?
    There would be an argument that allowing the authority total discretion to select a provider for direct award could not amount to an “objective” mechanism; leading to a risk of challenge here. That said, the position is similar under the current procurement regime and many frameworks do permit this kind of direct award already, although it is questionable whether these are strictly speaking compliant with the legislation.

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