16.—(1) In these Regulations, a framework agreement is an agreement between one or more relevant authorities and one or more providers—
(a)which establishes the terms based on which the provider will enter into one or more contracts for the provision of relevant health care services with a relevant authority in the period during which the framework agreement applies, and
(b)based on which contracts may be entered into only between a relevant authority (identified in accordance with paragraph (4)) and a provider party to the framework agreement for the duration of the framework agreement.
(2) A relevant authority may conclude a framework agreement.
(3) A relevant authority must follow the Competitive Process to conclude a framework agreement.
(4) A framework agreement must, when concluded, identify the relevant authorities which may award contracts based on the framework agreement.
(5) The term of a framework agreement must not exceed 4 years, other than in exceptional cases where the relevant authority is satisfied that the subject-matter of the framework agreement justifies a longer term.
17.—(1) A relevant authority may, during the term of a framework agreement, select further providers to be party to the framework agreement.
(2) A relevant authority must follow the Competitive Process to select such further providers, and references in Part 2 to concluding a framework agreement are to be treated as references to selecting further providers to be parties to a framework agreement when a relevant authority is following the Competitive Process to select such further providers.
18.—(1) A contract based on a framework agreement may only be awarded in accordance with this regulation.
(2) Contracts based on a framework agreement must not entail substantial modifications to the terms laid down in that framework agreement.
(3) Where a framework agreement is concluded with a single provider, a relevant authority may award a contract without a competition in accordance with that framework agreement.
(4) Where a framework agreement is concluded with more than one provider, a relevant authority may award a contract either without a competition or by following the Competitive Process, such choice being at the discretion of the relevant authority but must be made in accordance with the framework agreement.
(5) Where a relevant authority awards a contract based on a framework agreement without a competition, the relevant authority must submit for publication on the UK e-notification service a notice of the award.
(6) The notice referred to in paragraph (5) must—
(a)include the information set out in Schedule 2, and
(b)be submitted for publication within 30 days of the contract being awarded.
(7) Where a relevant authority follows the Competitive Process in order to award a contract based on a framework agreement, the relevant authority must omit step 2 of that process and, in place of step 2, invite all providers who are party to the framework agreement to submit an offer.
(8) The invitation referred to in paragraph (7) must include the information set out in Schedule 15.
(9) In paragraph (7), the reference to step 2 is to step 2 referred to in regulation 11(3) (the Competitive Process).