Regulation 9 Competitive process for contracts made under a framework agreement

F2the Secretary of State or a person acting on behalf of the Secretary of State has either—

F5the Secretary of State or a person acting on behalf of the Secretary of State has entered into a framework agreement with one or more F6framework suppliers; and

F7the Secretary of State enters into a contract with a primary contractor.

the terms governing the price payable under the contract are determined by a framework agreement and the conditions in paragraph (3) are met; or

the terms governing the price payable under the contract are determined by a competition between two or more F8framework suppliers and the conditions in paragraph (4) are met.

the material terms of the framework agreement are wholly or substantially the same as were offered by the F9primary contractor—

at the time of making that offer, the F12primary contractor did not consider it likely, or could not have reasonably considered it likely, that its offer would be the only offer reasonably capable of acceptance by the Secretary of State F13or a person acting on behalf of the Secretary of State; and

where this regulation applies by virtue of paragraph (1)(a)(ii), the persons mentioned in that paragraph included at least one person who was not the primary contractor (or a person associated with the primary contractor).

at least one of those F14framework suppliers was not the primary contractor (or a person associated with the primary contractor);

the terms governing the price payable under the contract are wholly or substantially the same as were offered by the primary contractor in its tender for the contract or in negotiations during that competition; and

the primary contractor did not consider it likely, or could not have reasonably considered it likely, that its offer in respect of the contract would be the only offer reasonably capable of acceptance by the Secretary of State.