Framework agreement

Last updated

In the context of negotiations, a framework agreement is an agreement between two parties that recognizes that the parties have not come to a final agreement on all matters relevant to the relationship between them, but have come to agreement on enough matters to move forward with the relationship, with further details to be agreed to in the future.

Contents

In the context of procurement, a framework agreement is an agreement between one or more businesses or organisations, "the purpose of which is to establish the terms governing contracts to be awarded during a given period, in particular with regard to price and, where appropriate, the quantity envisaged". [1]

International framework agreements

Senator George Mitchell in Tel Aviv, 26 July 2009 George Mitchell in Tel Aviv July 26, 2009.jpg
Senator George Mitchell in Tel Aviv, 26 July 2009

In international law, such an agreement between countries or groups can acknowledge that they cannot reach full agreement on all issues, but are willing to memorialize a structure by which some disagreements can be resolved. [2]

In describing the effort to reach an agreement between Israel and Palestine, Senator George J. Mitchell explained:

A framework agreement is not an interim agreement. It's more detailed than a declaration of principles, but is less than a full-fledged treaty. Its purpose is to establish the fundamental compromises necessary to enable the parties to then flesh out and complete a comprehensive agreement that will end the conflict and establish a lasting peace. [3]

Entering into a framework agreement can shift the lawmaking power from the states to a plenary body, and can shift the basis for forming consent to new norms and standards reached through their negotiations. [4] The practice of entering into framework agreements originated in the 1950s with an agreement regarding asylum between Colombia and Peru. [2]

A number of international accords are characterized as framework agreements:

Domestic framework agreements

Non-international framework agreements include:

Procurement

Businesses, especially public contracting authorities, may enter into framework agreements with one or more suppliers, which prescribe the terms and conditions which would apply to any subsequent contract and make provision for selection and appointment of a contractor by reference directly to the agreed terms and conditions or by holding a competition inviting only the partners to the framework agreement to submit specific commercial proposals. [5]

In the public sector, a number of Central Purchasing Bodies exist whose purposes include the creation and management of framework agreements which are compliant with EU Procurement Directives [6] and available for use by designated public bodies. In the United Kingdom, examples include Crown Commercial Service, local authority consortia such as the Eastern Shires Purchasing Organisation (ESPO) and Yorkshire Purchasing Organisation (YPO), and consortia operating in the higher and further education sectors: APUC (in Scotland), Crescent Purchasing Consortium (CPC), [7] London Universities Purchasing Consortium (LUPC), North Eastern Universities Purchasing Consortium (NEUPC), [8] North Western Universities Purchasing Consortium (NWUPC), [9] and Southern Universities Purchasing Consortium (SUPC). [10] For a more complete list, see List of central purchasing bodies in the United Kingdom

The Chartered Institute of Procurement & Supply makes a distinction between a "framework contract" and a "framework agreement". Under a framework contract, some form of consideration is paid "up front" to secure the commitment of the supplier to the agreed terms and conditions. The value of the consideration may be for a nominal amount only. A framework agreement, or an "umbrella agreement", lacks consideration and therefore lacks obligation: a "pricing formula" may apply for a period of time (e.g. a price list) or prices and further details may be determined via a "mini-competition". [11]

Related Research Articles

<span class="mw-page-title-main">Consortium</span> Association of two or more individuals and/or organizations to achieve a common goal

A consortium is an association of two or more individuals, companies, organizations, or governments with the objective of participating in a common activity or pooling their resources for achieving a common goal.

Procurement is the process of locating and agreeing to terms and purchasing goods, services, or other works from an external source, often with the use of a tendering or competitive bidding process. The term may also refer to a contractual obligation to "procure", i.e. to "ensure" that something is done. When a government agency buys goods or services through this practice, it is referred to as government procurement or public procurement.

Build–operate–transfer (BOT) or build–own–operate–transfer (BOOT) is a form of project delivery method, usually for large-scale infrastructure projects, wherein a private entity receives a concession from the public sector to finance, design, construct, own, and operate a facility stated in the concession contract. The private entity will have the right to operate it for a set period of time. This enables the project proponent to recover its investment and operating and maintenance expenses in the project.

<span class="mw-page-title-main">Moro people</span> Muslim ethnic groups of the southern Philippines and neighbouring regions

The Moro people or Bangsamoro people are the 13 Muslim-majority ethnolinguistic Austronesian groups of Mindanao, Sulu, and Palawan, native to the region known as the Bangsamoro. As Muslim-majority ethnic groups, they form the largest non-Christian population in the Philippines, and comprise about 5% of the country's total population, or 5 million people.

A purchasing cooperative is a type of cooperative arrangement, often among businesses, to agree to aggregate demand to get lower prices from selected suppliers. Retailers' cooperatives are a form of purchasing cooperative. Cooperatives are often used by government agencies to reduce costs of procurement. Purchasing Cooperatives are used frequently by governmental entities, since they are required to follow laws requiring competitive bidding above certain thresholds. In the United States, counties, municipalities, schools, colleges and universities in the majority of states can sign interlocal agreements or cooperative contracts that allow them to legally use contracts that were procured by another governmental entity. The National Association of State Procurement Officials (NASPO) reported increasing use of cooperative purchasing practices in its 2016 survey of state procurement.

Project finance is the long-term financing of infrastructure and industrial projects based upon the projected cash flows of the project rather than the balance sheets of its sponsors. Usually, a project financing structure involves a number of equity investors, known as 'sponsors', and a 'syndicate' of banks or other lending institutions that provide loans to the operation. They are most commonly non-recourse loans, which are secured by the project assets and paid entirely from project cash flow, rather than from the general assets or creditworthiness of the project sponsors, a decision in part supported by financial modeling; see Project finance model. The financing is typically secured by all of the project assets, including the revenue-producing contracts. Project lenders are given a lien on all of these assets and are able to assume control of a project if the project company has difficulties complying with the loan terms.

Contract management or contract administration is the management of contracts made with customers, vendors, partners, or employees. Contract management includes negotiating the terms and conditions in contracts and ensuring compliance with the terms and conditions, as well as documenting and agreeing on any changes or amendments that may arise during its implementation or execution. It can be summarized as the process of systematically and efficiently managing contract creation, execution, and analysis for the purpose of maximizing financial and operational performance and minimizing risk.

Government procurement or public procurement is undertaken by the public authorities of the European Union (EU) and its member states in order to award contracts for public works and for the purchase of goods and services in accordance with principles derived from the Treaties of the European Union. Such procurement represents 13.6% of EU GDP as of 2018, and has been the subject of increasing European regulation since the 1970s because of its importance to the European single market.

<span class="mw-page-title-main">Government procurement</span> Purchases by a government body

Government procurement or public procurement is the procurement of goods, services and works on behalf of a public authority, such as a government agency. Amounting to 12 percent of global GDP in 2018, government procurement accounts for a substantial part of the global economy.

<span class="mw-page-title-main">Tag-along right</span>

Tag along rights (TARs) comprise a group of clauses in a contract which together have the effect of allowing the minority shareholder(s) in a corporation to also take part in a sale of shares by the majority shareholder to a third party under the same terms and conditions.

<span class="mw-page-title-main">Contract</span> Legally binding document establishing rights and duties between parties

A contract is an agreement that specifies certain legally enforceable rights and obligations pertaining to two or more mutually agreeing parties. A contract typically involves the transfer of goods, services, money, or a promise to transfer any of those at a future date, and the activities and intentions of the parties entering into a contract may be referred to as contracting. In the event of a breach of contract, the injured party may seek judicial remedies such as damages or rescission. A binding agreement between actors in international law is known as a treaty.

A library consortium is any cooperative association of libraries that coordinates resources and/or activities on behalf of its members, whether they are school, public, academic, special libraries, and/or information centers. Consortia exist on a variety of levels, e.g., local, state, regional, national or international. Libraries commonly belong to multiple consortia. The goal of a library consortium is to amplify the capabilities and effectiveness of its member libraries through collective action, including, but not limited to, print or electronic resource sharing, reductions in costs through group purchases of resources, and professional development opportunities. The “bedrock principle upon which consortia operate is that libraries can accomplish more together than alone.”

<span class="mw-page-title-main">Invitation to tender</span> Business process

An invitation to tender is a formal, structured procedure for generating competing offers from different potential suppliers or contractors looking to obtain an award of business activity in works, supply, or service contracts, often from companies who have been previously assessed for suitability by means of a supplier questionnaire (SQ) or pre-qualification questionnaire (PQQ).

Performance based contracting (PBC), also known as performance-based logistics (PBL) or performance-based acquisition, is a product and services purchasing strategy used to achieve measurable supplier performance. A PBC approach focuses on developing strategic performance metrics and directly relating contracting payment to performance against these metrics. Common metrics include availability, reliability, maintainability, supportability and total cost of ownership. The primary means of accomplishing this are through incentivized, long-term contracts with specific and measurable levels of operational performance defined by the customer and agreed on by contracting parties. The incentivized performance measures aim to motivate the supplier to implement enhanced practices that offer improved performance and cost effective. This stands in contrast to the conventional transaction-based, or waterfall approach, where payment is related to completion of milestones and project deliverables. In PBC, since a part or the whole payment is tied to the performance of the provider and the purchaser does not get involved in the details of the process, it becomes crucial to define a clear set of requirements to the provider. Occasionally governments fail to define the requirements clearly. This leaves room for providers, either intentionally or unintentionally, to misinterpret the requirements, which creates a game like situation.

<span class="mw-page-title-main">Framework Agreement on the Bangsamoro</span>

The Framework Agreement on the Bangsamoro is a preliminary peace agreement signed in the Malacañan Palace in Manila, Philippines on October 15, 2012. The agreement calls for the creation of an autonomous political entity named Bangsamoro, replacing the Autonomous Region in Muslim Mindanao (ARMM) which was described by Former President Benigno Aquino III as "a failed experiment".

<span class="mw-page-title-main">Comprehensive Agreement on the Bangsamoro</span> 2014 Philippine peace agreement with the Moro Islamic Liberation Front

The Comprehensive Agreement on Bangsamoro (CAB) is a final peace agreement signed between the Government of the Philippines and the Moro Islamic Liberation Front on March 27, 2014 at the Malacañang Palace in Manila. Under the agreement, the Islamic separatists would turn over their firearms to a third party, which would be selected by the rebels and the Philippine government. The MILF agreed to decommission its armed wing, the Bangsamoro Islamic Armed Forces (BIAF). In return, the government would establish an autonomous Bangsamoro. Power sharing was a central point to the autonomy redesign.

<span class="mw-page-title-main">Bangsamoro Organic Law</span> 2018 Philippine law establishing the Bangsamoro autonomous region

The Bangsamoro Organic Law, also known as the Bangsamoro Basic Law (BBL), and officially designated as Republic Act No. 11054, is a Philippine law that provided for the establishment of the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM).

At around £290 billion every year, public sector procurement accounts for around a third of all public expenditure in the UK. EU-based laws continue to apply to government procurement: procurement is governed by the Public Contracts Regulations 2015, Part 3 of the Small Business, Enterprise and Employment Act 2015, and the Public Contracts (Scotland) Regulations of 2015 and 2016. These regulations implement EU law, which applied in the UK prior to Brexit, and also contain rules known as the "Lord Young Rules" promoting access for small and medium enterprise (SMEs) to public sector contracts, based on Lord Young's Review Growing Your Business, published in 2013.

<span class="mw-page-title-main">Bangsamoro Juridical Entity</span> Proposed associated state in Philippines

The Bangsamoro Juridical Entity (BJE) was a proposed subdivision in the Philippines spanning portions of Mindanao and Palawan. Conceptualized during the peace talks between the government of the Philippines during the administration of President Gloria Macapagal Arroyo and the Moro Islamic Liberation Front (MILF), the BJE was the proposed expanded successor to the Autonomous Region in Muslim Mindanao (ARMM).

References

  1. Public Contract Regulations 2015, Regulation 33(2)
  2. 1 2 Shabtai Rosenne, “The Framework Agreement as the Basis for the Jurisdiction of the International Court of Justice and Some Problems of Language”, in S. Rosenne, Essays on International Law and Practice (2007), pp. 161–170.
  3. George J. Mitchell, quoted in Elliott Abrams, "Three mistakes the U.S. must not make in the Israeli-Palestinian peace talks, Washington Post (September 4, 2010).
  4. Jutta Brunnée, "Reweaving the Fabric of International Law?: Patterns of Consent in Environmental Framework Agreements", in Rüdiger Wolfrum and Volker Röben (eds), Developments of International Law in Treaty Making (2005), p. 102.
  5. European Commission. "Framework contracts".
  6. Southern Universities Purchasing Consortium, Membership Benefits, accessed 23 May 2019.
  7. Crescent Purchasing Consortium.
  8. North Eastern Universities Purchasing Consortium Ltd., About us, accessed 9 July 2018.
  9. North Western Universities Purchasing Consortium.
  10. Southern Universities Purchasing Consortium.
  11. Chartered Institute of Procurement & Supply, Framework Arrangements, Knowledge Summary, n.d., accessed 29 January 2021.