Frameworks and Open Frameworks Under the Procurement Act 2023: A Buyer-Friendly Guide

Purpose: A practical explanation of standard frameworks, open frameworks and the commercial choices behind each structure.

A practical explanation of standard frameworks, open frameworks and the commercial choices behind each structure. This matters because public procurement decisions are rarely isolated events. A choice made during planning can affect competition, affordability, service quality, supplier behaviour and the ability to manage the contract later. The strongest approach is therefore to use the source guidance as part of an end-to-end commercial process, with clear ownership and evidence rather than as a document that is completed after the key decisions have already been taken.

Quick summary

• Section 45 defines a framework as a contract that provides for future contract awards by a contracting authority to one or more suppliers.
• Section 49 defines an open framework as a scheme of successive frameworks on substantially the same terms.
• The guidance explains that standard frameworks are generally limited to four years, or eight years for defence and security or utilities frameworks, subject to statutory exceptions.
• An open framework can operate for a collective term of up to eight years where the legal conditions are met.
• Except for a single-supplier open framework, the scheme must reopen at least once in the first three years and at least once in each following five-year period.

What the guidance means in practice

The source material gives several anchors for that process. Section 45 defines a framework as a contract that provides for future contract awards by a contracting authority to one or more suppliers. Section 49 defines an open framework as a scheme of successive frameworks on substantially the same terms. The guidance explains that standard frameworks are generally limited to four years, or eight years for defence and security or utilities frameworks, subject to statutory exceptions. These are not interchangeable statements: some describe statutory or policy requirements and others describe recommended commercial practice. Teams should identify which category each requirement falls into, apply it to the organisation and procurement in scope, and keep a record of the judgement. Where guidance from 2021 or 2023 predates the Procurement Act 2023, its commercial principles can remain useful, but current legislation, regulations and current statutory guidance take precedence on legal process.

The practical value becomes clearer when the remaining guidance is read alongside the project lifecycle. An open framework can operate for a collective term of up to eight years where the legal conditions are met. Except for a single-supplier open framework, the scheme must reopen at least once in the first three years and at least once in each following five-year period. A call-off contract can continue beyond the expiry of the framework under which it was awarded. In day-to-day terms, this means the buyer should be able to answer three questions at any approval point: what outcome are we trying to achieve, what evidence supports the proposed commercial approach, and what will need to be managed after the decision is made? If those answers are weak, more analysis is normally more useful than adding another layer of narrative to an approval paper.

A practical process to follow

A proportionate process can be built into existing governance. The steps below are deliberately practical. They are not a substitute for the detailed source guidance, legal advice or local standing orders, but they provide a useful structure for a procurement or commercial team.

1. Step 1. Define the market and expected buying pattern before choosing a framework model. Record any assumption that could change the conclusion and when it will be reviewed.
2. Step 2. Consider whether supplier entry, technology change or market development makes periodic reopening valuable. Keep the analysis proportionate to the value, risk, novelty and criticality of the requirement.
3. Step 3. Set the framework term and reopening schedule transparently. Capture the source evidence and name the person accountable for the next decision.
4. Step 4. Design objective mechanisms for awarding call-offs within the framework documents. Record any assumption that could change the conclusion and when it will be reviewed.
5. Step 5. Plan how supplier information, performance and market health will be managed over the framework life. Keep the analysis proportionate to the value, risk, novelty and criticality of the requirement.
6. Step 6. For each call-off, confirm that the framework remains suitable for the buyer requirement and applicable regime. Capture the source evidence and name the person accountable for the next decision.

What good looks like

Good practice is visible in the decision trail, not only in the final document. A reviewer should be able to follow the line from the service need, through market and cost evidence, to the route, evaluation, contract terms and management arrangements. Where several functions contribute, the file should show who owns each decision and where challenge occurred. The same principle applies to handover: useful assumptions, models, KPI definitions, risks, supplier information and approval conditions should move into mobilisation and contract management instead of being left in the sourcing archive. This continuity is particularly important for long-running public services, where staff can change but the organisation remains accountable for the outcome.

Recommendations for procurement teams

The following recommendations are suitable for teams that want to embed the topic into normal ways of working rather than create a parallel compliance process:

• Use a standard framework where a fixed supplier list is commercially sensible.
• Consider an open framework where regular entry can keep pace with a changing market.
• Do not use the statutory maximum term as a default.
• Publish the required reasons where a longer standard framework term is justified under the Act.
• Make reopening mechanics understandable to suppliers.
• Separate framework management from the buyer responsibility for its own call-off.

Common pitfalls to avoid

The most common problems are usually process failures rather than a lack of templates. Watch particularly for the following:

• Confusing an open framework with a dynamic market.
• Choosing a long duration without analysing supplier lock-out.
• Leaving reopening mechanics vague.
• Assuming all call-off contracts must end when the framework expires.

Easy-to-read takeaway

For frameworks and open frameworks under the procurement act 2023: a buyer-friendly guide, the core discipline is to start early, connect the analysis to a real decision and preserve enough evidence for the next stage of the lifecycle. The source material should help teams make better decisions, not merely produce more paperwork. Before acting on a live procurement, confirm the current version of the Procurement Act 2023, regulations, Procurement Policy Notes and any organisation-specific approvals or delegations. This is especially important for thresholds, notice duties, exemptions and policy requirements that can change over time.

Source basis

Primary source used: Procurement Act 2023 Guidance on Frameworks, November 2024. Related articles in this collection also draw on the other supplied Cabinet Office, HM Treasury and Procurement Act materials where the topics overlap.

This article is general procurement support content. It should be read alongside current legislation, statutory guidance and your organisation’s own governance and legal advice.