Lisätietoja
A framework agreement within the meaning of section 45 of the Act on Public Contracts and Concessions of Entities Operating in the Water, Energy, Transport and Postal Services Sectors will be put in place.
Competitive tendering will be organised using the open procedure to select a maximum of five (5) framework agreement suppliers (hereinafter suppliers). Insofar as all the terms of a given delivery batch, such as prices and quantities, have not been confirmed or when so required under the transparency and non-discrimination criteria, the contracting entity will request a written tender for each delivery batch from those suppliers with sufficient resources to effect the delivery (hereinafter mini-competition). For a justified reason, the subscriber can order a batch of below EU-Threshold of the Act on Public Contracts and Concessions of Entities Operating in the Water, Energy, Transport and Postal Services Sectors from a supplier they consider more suitable.
The objective is that the volume of purchases during the term of the framework agreement, which will be divided among the award-winning suppliers, will account for approximately 90 % of the total volumes to be purchased under the framework agreement.
The purchases to be made following the mini-competition will be divided as follows: 60–70 % of the deliveries foreseen in the mini-competition will be made by the supplier submitting the most economically advantageous tender; and 30–40 % by the supplier submitting the second most economically advantageous tender.
However, the contracting entity may, during the framework agreement, derogate from said
ratio up to 100 % in favour of the most economically advantageous tender, if the benchmark price of the supplier submitting the second most economically advantageous tender exceeds that of the most economically advantageous tender by more than 25 %.
A derogation from the order of precedence may also be made in favour of suppliers lower in the ranking order, if the preferred supplier fails to deliver a product that meets the requirements of the contracting entity/procurement unit.
However, the contracting entity shall not commit itself to any fixed quotas or volumes because changes in the operating conditions, in alia, may affect the quantities specified in the call for tenders. The contracting entity is not obligated to purchase any of the product under the framework agreement. Additionally, the framework agreement shall not give any exclusive right to the selected suppliers; instead, the contracting entity may, under a specific procurement procedure, purchase the product from other sources, if there are affordable batches available on the spot as well as order batches from any minority supplier. Such a separate competition may account for about 10 % of the total procurement volume to be purchased during the term of the framework agreement.
The intervals at which mini-competitions are held during the framework agreement may vary and even partly coincide.
During the framework agreement, the contracting entity/procurement unit is free to purchase, and use in its processes for similar purposes, products other than those specified in the call for tenders.
A procurement unit (party placing the order) forming part of the contracting entity shall be solely responsible for the procurement processes it initiates in its own name on its own behalf, such as any mini-competitions under the framework agreement.
While each of the procurement units within the contracting entity make their own decisions on suppliers, all joint written contracts with the suppliers are signed collectively as a contracting entity.