Part 1Key concepts and application

Framework agreements and dynamic purchasing systems

6Framework agreements and call-off contracts

(1)For the purposes of this Act—

(a)a framework agreement is an agreement between one or more contracting authorities and one or more economic operators, the purpose of which is to establish the terms governing public contracts to be awarded during a given period, in particular with regard to price and, where appropriate, the quantity envisaged,

(b)a call-off contract is a contract awarded under a framework agreement.

(2)This Act applies to framework agreements and call-off contracts as follows—

(a)a framework agreement is treated as a public contract for the purposes of section 3 (and references to “contract” elsewhere in this Act are to be construed accordingly),

(b)the following provisions do not apply to a regulated procurement in so far as it relates to a call-off contract—

(i)section 8(2),

(ii)section 11,

(iii)section 23(1),

(iv)section 27.

7Dynamic purchasing systems

(1)The Scottish Ministers may by regulations make provision about dynamic purchasing systems including, in particular, provision—

(a)applying this Act to the establishment and operation of a dynamic purchasing system as it applies to the carrying out of a regulated procurement with such modifications as the regulations may specify,

(b)modifying the application of this Act to a contract awarded under a dynamic purchasing system.

(2)For the purposes of subsection (1), a dynamic purchasing system is an electronic system—

(a)established by a contracting authority to purchase goods, services or works which are—

(i)commonly used by the authority, and

(ii)readily available on the market, and

(b)which is open to any economic operator who satisfies selection criteria specified by the contracting authority.