Framework Agreements in Public Procurement Law 2026

Framework agreements in procurement law: multi-party frameworks for recurring procurements – conditions, procedure and call-off of individual contracts.

Definition: Framework agreements within the meaning of procurement law are agreements between one or more public contracting authorities and one or more economic operators that set the conditions for individual contracts to be awarded later, without conclusion of the framework agreement itself giving rise to an immediate obligation to take services.

Last updated: January 2026 · Legal basis: Directive 2014/24/EU Art. 33, BVergG 2018 §§ 151 et seq., GWB § 103(5), VgV § 21

Concept and function

Framework agreements are a central instrument of public procurement for recurring or hard-to-plan needs, as they significantly increase the efficiency of the procurement process without requiring a full procurement procedure for each individual contract. The contracting authority conducts a full procurement procedure once – at the beginning of the framework agreement – and can subsequently call off individual contracts without a renewed tender, provided that the need falls within the framework.

Typical fields of application are the procurement of IT services, office supplies, cleaning services or consultancy services, which arise regularly but in fluctuating quantities.

Types of framework agreement

Framework agreement with a single contractor

With a framework agreement with a single contractor, all conditions of the individual contract are already set out in the framework agreement. Individual contracts are called off directly from the framework partner without a renewed competition phase. This form offers maximum efficiency but excludes ongoing competition.

Framework agreement with several contractors

With a framework agreement with several contractors (multi-party system), individual contracts may be awarded either on the basis of the conditions set in the framework agreement without renewed competition, or determined through a mini-competition between the framework partners. Art. 33(4) of Directive 2014/24/EU regulates both options.

The mini-competition makes it possible to identify, for each individual contract, the currently most economical or qualitatively best service, and thus promotes ongoing competition between the framework partners.

Procurement-law requirements

The framework agreement is subject to the same procurement-law requirements as the award of an individual contract: the procedure for selecting the framework partners must be conducted in a transparent, non-discriminatory and documented manner.

Key requirements:

Term: Framework agreements may, in principle, not exceed a term of four years (exceptions are possible in justified individual cases).
Value threshold: The estimated total value of all anticipated individual contracts is to be used to determine the relevant threshold.
Publication obligation: The framework agreement must be published like a regular contract.
No material changes: The conditions of the framework agreement may not be materially changed when calling off individual contracts.

Distinction from the framework contract

Framework agreement and framework contract are often used synonymously in practice but are not procurement-law equivalents. The framework agreement within the meaning of the procurement directives does not yet create an immediate obligation to provide services; this arises only with the individual call-off. The framework contract, by contrast, can give rise to specific, enforceable performance obligations.

Related terms

FAQ

How many partners can a framework agreement include? The number of partners is not limited by law. Art. 33 Directive 2014/24/EU provides, however, that at least three providers should be involved in a mini-competition, where enough suitable providers are available.

Can the contracting authority meet its needs entirely through framework agreements? In principle, yes, provided that the framework agreement was properly awarded and the call-off takes place within the agreed conditions.

What happens if the total scope of the framework agreement is exceeded? If the maximum contract volume set out in the framework agreement is exceeded, further call-offs must be procured through a new procurement procedure.

Last updated: January 2026 All information without guarantee. For legally binding advice, please consult a law firm specialising in public procurement law.