Part 3: Award of public contracts and procedures Chapter 4: Award under frameworks Section 49: Open frameworks
Subsection (1) explains that an open framework is a scheme of successive frameworks that together make up an open framework. This allows new suppliers to be added at set times during its lifetime, as each successive framework in the scheme is entered into. Unlike a closed framework, an open framework is not closed to new suppliers, but it is also not permanently open to new suppliers like a dynamic market. The subsection also makes it clear that the terms of the open framework must be substantially the same throughout.
	Subsection (2) sets out various minimum time periods. Subsection (2)(a) requires that an open framework must be reopened at least once during the first 3 years and at least once every 5 years thereafter. This allows for the open framework to be re-opened on a more frequent basis - e.g. annually - if desired. Subsection 2(b) provides for each framework to expire when the successive framework is awarded (but see subsection (3)). Subsection 2(c) provides that the maximum term of an open framework is 8 years.
	Subsection (3) is a transitional provision that provides that although a framework expires when each successive framework is awarded (see subsection 2(b)),  any live procurements (i.e. procurements that have already commenced) may be continued under the expired framework. However, no new procurements may be started once the next framework has been awarded.
	Subsection (4) states how an existing supplier can be re-admitted to the open framework on its re-opening in circumstances where there is no limit on the number of suppliers to be appointed to the new framework. Subsection (4)(a) allows a supplier which is already party to an open framework to remain party without having to either have a tender it previously submitted reassessed or submitting a new tender. Subsection 4(b) allows it to request a previous tender is re-assessed. Subsection 4(c) allows it to submit a new tender.
	Subsection (5) states how an existing supplier can be re-admitted to the open framework if there is a limit on the number of suppliers to be appointed to the new framework.  This can only be on the basis of the supplier’s tender submitted when it was previously appointed or a new tender.
	Subsection (6) states that, if a single supplier is awarded a framework under an open framework, the maximum term of the framework and the open framework is 4 years from the day on which the single supplier was appointed. For example, if a single supplier was appointed to the first framework in the scheme of open frameworks, the open framework can only last four years; if several suppliers were appointed to first framework in the scheme of open frameworks, but a single supplier was appointed at the end of year two to the second framework in the scheme, the open framework can last six years (being the two initial years where there were several suppliers, plus the maximum four years where there is only one supplier).
	Subsection (7) states that the maximum term of 4 years for a single supplier open framework in subsection (6) applies notwithstanding the fact that in all other cases the maximum term of an open framework is 8 years.
	Subsection (8) defines an "existing supplier" (as referred to in subsections (4) and (5)) as a supplier that is on a framework under an open framework.
	Subsection (9) states that references to award of successive frameworks on substantially the same terms (as referred to in subsection (1)) means that an award could be made without a new tender or transparency notice in line with the provisions for modifications in section 31. If award on substantially different terms is needed, to ensure open competition, a new framework under section 45 (Frameworks) or a new open framework under section 49) must be awarded rather than re-opening the existing open framework.
	Subsection (10) states that a framework under an open framework may never be awarded by direct award under section 41 (Direct award in special cases) or section 43 (switching to direct award).