Abstract
The article conducts a comprehensive scholarly analysis of framework agreements – a public procurement technique often used across different European jurisdictions. Besides examining the general legal framework of the EU and Lithuanian law on framework agreements, the article also examines the newest EU case law. The authors analyse the relationship between the initial tender procedure establishing the framework agreement and the subsequent mini-competition that follows under the former to award the public contract. In contrast to the Lithuanian legal regulation and related case law, the authors argue that these two stages are interconnected and must be viewed as a unified part of the same procurement process in line with European legal doctrine. Finally, the article highlights the differences between framework agreements and public contracts.
Highlights
Framework agreements continue to be an essential public procurement technique often applied in the EU Member States1
The contracting authority and the third parties to the case denied the claim. They maintained the line of defence, which emphasised the separation between the initial tender for establishing the FA and the other, unrelated and different mini-competition procedure for the award of the public contract
Lithuanian courts maintain the legal position that the EU and national public procurement law separate the initial tender and the mini-competition used to award the call-off
Summary
Framework agreements (hereafter: FAs) continue to be an essential public procurement technique often applied in the EU Member States. That is often due to the possibility of aggregating needs and achieving economies of scale and administrative efficiency For these reasons, it has been argued that FAs are well suited for centralised or joint cross-border procurement (Albano, Nicholas, 2016). The article aims to analyse the legal character of FAs. Namely, whether FAs end the tender process or the process continues towards the public contract’s final award. The purpose is to establish the terms governing public contracts to be awarded during a given period, concerning price and, where appropriate, the quantity envisaged.
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