Procurement in a Nutshell: Open frameworks
9th January, 2026
Procurement in a Nutshell
9th January 2026
Procurement in a Nutshell: Open frameworks
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As we enter a new year, we expect more people will be using open frameworks. This nutshell serves as a refresher to what an open framework is and how to use them.
What is an open framework under the Procurement Act 2023?
The Procurement Act 2023 (PA 2023) introduced the concept of an open framework, offering greater flexibility compared to the traditional framework under the PCR 2015, which has been retained under the Procurement Act.
Section 49(1) PA 2023 defines an open framework as ‘a scheme of frameworks that provides for the award of successive frameworks on substantially the same terms’. This essentially means the scope of the open framework, award criteria and the terms and conditions should remain substantially the same; however, frameworks in the scheme can be modified when the modifications are in line with section 31 PA 2023.
How do open frameworks differ from traditional frameworks?
Whilst open frameworks do build on traditional frameworks, they differ in the following ways:
- New suppliers can be added when the framework is reopened
- An open framework must provide for the framework to be re-opened at least once in the first 3 years of its life and at least every 5 years thereafter, and to last a maximum of 8 years from the award of the first framework (s49(2) PA 2023). This means the framework can last for a maximum of 3 years but subsequent frameworks can last for a maximum of 5 years each
- The terms of each framework in the scheme must be set out in each framework (s45(5)(e)) to ensure transparency and allow suppliers to understand how the open framework will operate
- Section 49(2)(b) requires that an open framework must provide for the expiry of one framework on the award of the next framework in the scheme. However, section 49(3) allows contracting authorities to make a provision in the open framework, that any processes for the award of a call-off contract under the expired framework that have already commenced can continue following the expiry of that framework. Contracting authorities should make it clear if this is the case
Award of new framework existing suppliers
When re-opening the framework, restrictions apply to when existing suppliers can be appointed to the new framework.
If the framework provides no limit to the number of suppliers, the framework can be awarded to an existing supplier in the following circumstances:
- On the basis the supplier has previously been awarded a framework in the scheme i.e. no requirement for the supplier to submit a new tender if they do not wish to update their offer
- Re-assessment of a tender relating to an earlier award
- Assessment of a new tender relating to the new framework
If a contracting authority limits the number of suppliers on the framework, suppliers may only award a framework to an existing supplier by:
- Re-assessment of the tender relating to an earlier award
- Assessment of a new tender relating to the new framework
What does the future hold?
A quick look at the Tender Notices and Contract Award Notices published on the Central Digital Platform since February 2025 shows that there have already been a number of open frameworks established, but in our experience, many authorities still remain unconvinced at the benefits that they bring over the use of what you might call a traditional 4-year framework.
Also, in a number of examples that we have reviewed, authorities have not seemingly understood the structure of an open framework. For example, in one case we have seen, a contract award notice that states an open framework is for a minimum of 4 years could possibly be extended by another 4 years. Further to this, we have also seen an example where the initial term is only 2 years, but the notice says that it may possibly be extended for a total of 8 years.
Neither of these approaches comply with the Procurement Act, especially the use of the term “extension”, because as it is hopefully clear from this Nutshell, the refreshing process is actually the award of a new framework (and not an extension of an existing framework), even if the terms are substantially the same and the list of suppliers may not change substantially.
As it stands, there seems to still be confusion about open frameworks, but hopefully this will diminish over time as more authorities embrace the opportunity.
For further information please contact Melanie Pears or Tim Care in our Public Sector team.
Please note that this briefing is designed to be informative, not advisory and represents our understanding of English law and practice as at the date indicated. We would always recommend that you should seek specific guidance on any particular legal issue.
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