Decision Maker: Cabinet

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: No

Date of Decision: September 18, 2025

Purpose:

Content: RESOLVED: a)    Noted the change in procurement legislation b)    Approved the implementation of an Open Framework c)     Provided delegated authority to allow the Executive Director of Place to update and amend the terms and conditions of the Open Framework, which are necessary to ensure it remains compliant with legislation and continues to meet the aims and objectives of the Council.   REASONS RESOLVED: 1.     The current DPS is similar to a standard procurement framework in that it provides the Council with a pre-approved list of suppliers from which to call-off contracts. Unlike standard frameworks, suppliers can join a DPS at any time. The process of joining a DPS is also completed entirely digitally, which is less resource intensive in comparison to frameworks. 2.     Under the Procurement Act 2023, DPSs are being replaced by Dynamic Markets which can be used to procure all types of goods, services and works. Dynamic Markets continue to include a pre-qualification tool to create a ready pool of bidders before going out to tender for new work and there is no limit to the maximum number of suppliers who can join a Dynamic Market. 3.     From February 24 2025, contracting authorities will have the ability to procure through ‘open frameworks’ which will bridge the gap between traditional framework agreements and Dynamic Markets. Like regular frameworks, prospective suppliers may bid to join the framework agreement before the framework start date. 4.     Contracting authorities will be permitted to appoint new suppliers to the framework during its lifetime. This means the frameworks may be ‘opened up’ at least twice and it is the Council’s intention to open the framework at least twice per annum. This will ensure we maintain an up to- date list of suppliers and support local business and the local economy. The new Open Framework will run for up to eight years, the maximum permitted period. 5.     The Council’s new open framework will improve flexibility and help facilitate a more competitive market. By providing suppliers with multiple opportunities to join during its lifetime, there is less risk of open frameworks excluding smaller and newer suppliers. The intention is that this will make it easier for contracting authorities to use frameworks to procure from SMEs.   ALTERNATIVE OPTIONS: The open framework was chosen over a Dynamic Market as this can only be used where the value of the contract is over the legal threshold where formal competitive procurement is required, which is currently £214,904. Whilst some of the council's school transport contracts are in excess of this threshold, many are not meaning that a further separate procurement process would need to be in place.