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Procurement in a Nutshell: New Framework Practice Guide

The Government Commercial Function has published a new Framework Practice Guide outlining detailed guidance on the use of frameworks under the Procurement Act 2023. This nutshell sets out who the guidance is aimed at and its key themes.

You can read the guidance here.

Who is the guidance aimed at?

The Framework Practice Guide is aimed at Centralised Procurement Authorities, Individual Contracting Authorities who Establish Frameworks and Public Sector Buyers.

Individual contracting authorities who establish frameworks

This involves any public sector body (ranging from local councils and education establishments to NHS trusts and central government departments) that establishes a framework (either on its own or jointly). Their participation in this practice guide is to understand how frameworks can achieve value for money whilst actively preventing market proliferation, and to evaluate the risks and liabilities associated with jointly establishing frameworks and/or hosting frameworks on behalf of private operators.

Public sector buyers

These are procurement, policy and/or commercial professionals, project-managers and budget holders across the public sector who use frameworks to award specific call-off contracts. Buyers’ interest in this Practice Guide is to understand the framework provider landscape, the distribution of risks and liabilities that may impact their choice of frameworks, responsibilities around pre-procurement “checks” and to understand their responsibilities for owning the day-to-day contract management etc.

Key points

The guidance gives detailed advice and examples regarding the following main areas:

  • Achieving value for money through effective framework use.
  • Compliance with the Procurement Act 2023.
  • Reducing framework proliferation.
  • Framework governance and risk management.
  • Market health and competition.
  • Strategic planning and business case development.
  • Policy delivery through procurement.
  • Active framework and contract management.
  • Buyer responsibility and due diligence.

For further information please contact Tim Care or Melanie Pears 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.

This page may contain links that direct you to third party websites. We have no control over and are not responsible for the content, use by you or availability of those third party websites, for any products or services you buy through those sites or for the treatment of any personal information you provide to the third party.

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