Part 3: Award of public contracts and procedures Chapter 4: Award under frameworks Section 45: Frameworks
A framework which has an estimated value above the relevant threshold, and is not exempt, is a public contract (see section 3(3)) and, as such, must be awarded in accordance with the Act. This section sets out the basis on which the award of future public contracts can be made under a framework that is a public contract.
	Subsection (1) allows for public contracts to be awarded in accordance with a framework. This enables contracting authorities to award public contracts under frameworks without having to undertake a competitive tendering procedure or justify a direct award.
	Subsection (2) defines a "framework" as a contract between a contracting authority and one or more suppliers which provides for future award of contracts by the contracting authority to the supplier or suppliers.  This definition does not restrict the use of frameworks to the future award of public contracts, i.e. they can be used for the future award of contracts which do not fall within the definition of a "public contract", such as below threshold contracts, but the remainder of the section regulates only the award of public contracts under frameworks.
	Subsection (3) states that, unless subsection (4) applies, a framework can only provide for the award of a public contract following a competitive selection process (see section 46 (Frameworks: competitive selection process)).
	Subsection (4) sets out the circumstances in which a public contract can be awarded under a framework without a competitive selection process. These are where there is only one supplier on the framework or where the framework sets out the core terms of the contract to be awarded, as well as an objective mechanism to determine which supplier the contract is to be awarded to. The phrase "core terms" is not defined but this is intended to cover key terms such as deliverables, standards, charges and pricing mechanism and basic terms such as warranties, indemnities, termination rights, confidentiality, disputes, variations, etc.  This allows additional terms on matters which are specific to the contract to be awarded to be included at the time of award, for example a detailed specification, prices and detailed performance requirements.
	Subsection (5) sets out the information that must be contained within the framework. This information includes, for example, the contracting authorities entitled to use the framework and information about the scope of the framework - i.e. information about the nature, type and value of future public contracts that can be awarded under it.
	Subsection (6) sets out that a framework must not allow the award of a public contract under it to a supplier that is an excluded supplier.  It also provides that contracting authorities must be allowed to request additional information from suppliers under the framework before awarding a contract.
	Subsection (7) provides that fees can only be charged to suppliers that are party to a framework when they are awarded a contract under that framework.  Those fees can only be set as a fixed percentage of the estimated value of the contract awarded under the framework.  This enables contracting authorities to charge a supplier a fee each time they are awarded a contract under the framework, but not otherwise.
	Subsection (8)(a) provides that this section does not apply to the award of concession contracts, which means that concession contracts cannot be awarded under a framework. Subsection 8(b) clarifies that this section does not regulate the award of a framework itself, but the award of contracts under a framework.
	Subsection (9) sets out that subsections (3) to (5) do not apply when the framework is a light touch contract (see section 9).