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Bettesworth Construction
construction frameworks

How Can Public Sector Bodies Appoint Contractors Through a Construction Framework?

Public bodies appoint contractors through a construction framework by checking access and project scope, then following the framework’s permitted call-off route and documenting the award.

By Bettesworth Construction Team 9 min read

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Start by confirming that your authority is entitled to use the framework and that the project fits its scope, lot, geography and any value limits. Then follow the call-off route in the framework documents. Under the Procurement Act 2023, competitive selection is the default; a non-competitive award is permitted only in specified circumstances and by applying the framework’s terms. Record the decision and check the notice and publication requirements for the particular call-off.

What appointing a contractor through a framework means

A construction framework is an arrangement with one or more suppliers that sets the terms and process for awarding later works contracts. The Cabinet Office’s Frameworks guidance, updated 13 July 2026, quotes section 45(2) of the Procurement Act 2023 as defining a framework as a “contract between a contracting authority and one or more suppliers that provides for the future award of contracts by a contracting authority to the supplier or suppliers.” A later contract awarded under it is commonly called a call-off.

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The framework is not an open list from which an authority may choose any contractor. It is a defined arrangement: the participating suppliers, eligible users, work types, lots, geography, term, pricing and award mechanism are set by its documents. A framework normally does not require the authority to place a call-off, although the terms may say otherwise. The authority must therefore check both that it can use the arrangement and that the proposed project is within it.

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Can we direct award a construction framework contract?

For a framework governed by the Procurement Act 2023, section 45(3) makes competitive selection the usual route. Section 45(4) allows the framework to permit an award without further competition in either of two cases: the framework has only one supplier, or the framework states both the call-off contract’s core terms and an objective mechanism for selecting the supplier. Read the Act’s section 45 alongside the framework’s own provisions; an authority cannot create an exception merely because a direct allocation would be quicker or easier.

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Where the framework uses an objective mechanism, apply the method it actually specifies and keep evidence showing how it led to the selected supplier. The method may be a stated ranking, rotation, performance-based allocation or another mechanism, depending on the arrangement. Those are examples, not a universal checklist or statutory formula. If the terms do not permit the proposed non-competitive route, do not use it.

For example, the Department for Education’s 2025 School Buildings Construction Framework describes direct allocation after the first 12 months as linked to framework performance KPIs. The Southern Construction Framework describes a direct-award option and says its clients using that option must demonstrate best value. These are requirements of their respective arrangements, not rules that can be transferred to every construction framework.

Do we have to run a mini-competition?

Not in every case: the framework may permit an award without further competition under one of the section 45(4) conditions. Where those conditions do not apply, competitive selection is the default under the Act. The authority must still use the framework’s specified competitive selection process rather than treating the call-off as a fresh, unrestricted procurement. The Cabinet Office explains this relationship in its Competitive Tendering Procedures guidance.

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Framework documents may call the competitive route a mini-competition or use different terminology. They determine which suppliers must be invited, what project information to issue, how proposals are assessed and what timetable applies. A route described as direct allocation may also require a supplier to submit a proposal; the label alone does not tell you whether the process is competitive. Check the actual steps and legal basis in the relevant documents.

Consideration Competitive selection or mini-competition Award without further competition
When it may be used Where the framework’s call-off procedure requires or permits competitive selection. Only where the framework has one supplier, or its terms include the core call-off terms and an objective supplier-selection mechanism.
How the supplier is selected Among the eligible suppliers required by the agreement, against the criteria and process stated in the framework and project invitation. By applying the framework’s objective mechanism as written, with evidence supporting the allocation.
Project-specific proposals Can test proposals on the project’s permitted factors, such as cost, quality, design approach, programme or delivery. Depends on the framework mechanism; a faster allocation does not itself establish project-specific value.
Records and justification Keep the invitation, submissions, evaluation, clarifications and award rationale. Keep the mechanism, inputs and evidence showing why the selected supplier follows it.
Time and administration Requires an invitation and evaluation process; the actual timetable is governed by the framework and project documents. May involve fewer competitive steps, but is not available simply as a convenience or shortcut.

How do I choose a contractor from a framework?

Use a controlled sequence and let the governing documents determine the exact procedure. The following steps are a practical synthesis, not a universal form: framework terms and project instructions can require more or different steps.

  1. Confirm the authority’s access. Check that the public body is named, eligible or otherwise entitled to use the arrangement under its access terms and applicable rules. Do not assume that another public body’s framework is available to you.
  2. Check the framework and project fit. Confirm that it remains in force and covers the works, project type, location, lot, scale and any value band. Review limits, exclusions, conditions of participation and the suppliers eligible for that particular call-off.
  3. Read the operative documents. Obtain the framework agreement, call-off instructions, pricing provisions, contract form, route-specific rules and notice requirements. Identify whether the documents permit a competitive selection, an award without further competition, or both, and the circumstances for each.
  4. Define the works and contract requirement. Describe the site, scope, outputs, programme, constraints, design responsibility, risk allocation and proposed contract form. Be clear about whether the requirement is, for example, construct-only or design-and-build; that distinction can affect the information suppliers need and the proposals the authority can fairly assess.
  5. Choose and document the permitted route. If a competition is required or selected, identify the suppliers the agreement says to invite. If a non-competitive award is permitted, identify the exact objective mechanism and the evidence needed to apply it before selecting a supplier.
  6. Issue the project invitation or allocation request. Use the required portal, documents, timetable and question process. For a competition, state the project requirement, submission instructions and evaluation criteria as required by the framework. Give suppliers the information needed to respond on a consistent basis.
  7. Assess submissions and manage the process. Apply the disclosed criteria consistently. Manage conflicts, record clarifications, and check supplier eligibility and any participation or exclusion requirements applicable under the framework and law. Do not introduce undisclosed criteria, change weightings mid-process or rely on an informal preference.
  8. Complete the award and call-off record. Record the chosen supplier, the evaluation or allocation evidence, the route used and why it complied with the framework. Complete the required award records, notify suppliers as applicable, execute the call-off using the required form and meet the relevant publication timetable.

What should a framework call-off invitation include?

The framework and project invitation set the binding requirements; there is no single invitation template that fits every arrangement. At a minimum, use the project documents to make the requirement and process understandable, and to avoid asking suppliers to compete on factors the authority has not disclosed or the framework does not permit.

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  • Project definition: scope of works, site and location, outputs, constraints, programme, design responsibilities and contract form.
  • Commercial basis: the applicable pricing or cost mechanism, payment or pricing information required by the framework, and any project-specific assumptions suppliers must use.
  • Process: eligible recipients, submission route and format, deadlines, question and clarification procedure, and any framework-prescribed timetable.
  • Evaluation: the criteria and method stated or permitted by the framework, including any weightings or scoring approach that the project invitation is required to set out.
  • Contract and award information: the call-off terms or form, required declarations and information about the proposed award process.

Use only project factors allowed by the arrangement and explain how they will be applied. Depending on the framework, these may include price or cost, quality, delivery, design, programme, risk, capability, sustainability or social value. The Department for Education’s Appendix E says the relevant preliminary invitation to tender (PITT) or invitation to tender (ITT) sets the procurement programme and evaluation criteria; where its general appendix rules conflict with that project invitation, the relevant PITT or ITT prevails. That is a useful reminder to retrieve the live project documents, not a rule for other frameworks.

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How do the DfE 2025 framework routes work?

The Department for Education’s Construction framework handbook 2025 is a concrete England-focused example, not a universal procedure. It describes mini-competition and direct allocation, as well as procurement routes including engagement-based selection, submission-based selection, invitation to submit proposals and a competition after planning approval. Which route is available depends on the value band and the framework’s rules.

The handbook’s illustrative high-band considerations include DfE core schemes of £12 million or more and/or new-build gross internal floor area above 2,600 m². It describes the low band as around £4.4 million to £12 million, with extensions and exceptions also addressed in the handbook. These figures describe this framework only; they are not general construction procurement thresholds. Consult the live handbook and relevant project documents before relying on them. The framework’s Appendix E – direct allocation and mini competition rules was published 23 March 2026.

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For a separate example, the Southern Construction Framework describes both mini-competition and direct award. Its statement that clients using its direct-award option must demonstrate best value applies to that framework. Neither framework’s route names, value bands or allocation tests should be treated as a public-sector-wide rule.

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How should the authority evaluate value and keep an audit trail?

Evaluate only against factors disclosed in the framework and the project invitation. A project may need to balance price with design response, delivery confidence, programme, risk or other permitted considerations; the documents must establish which factors count and how they will be applied. An authority should not substitute an undocumented preference for the stated method or use a late change to reshape the outcome.

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The audit trail should make the decision reconstructable by someone who was not involved. Retain the relevant framework provisions and project invitation, the supplier list and eligibility checks, submissions or allocation inputs, evaluation records, clarifications, conflict management, approvals and the reason for the award. For a non-competitive allocation, show the objective mechanism and how its inputs led to the outcome. For a competition, preserve the application of the announced criteria. The precise record set depends on the framework and applicable rules.

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What notices and transparency steps apply?

Call-off transparency obligations depend on the award route, contract type, value and applicable regulations. Cabinet Office Contract Award Notices and Standstill guidance says that the authority must state in the relevant notice whether it used competitive selection or award without further competition. It also explains that information about unsuccessful suppliers and tenders is not required for call-offs where proposals, rather than tenders, are assessed.

The Cabinet Office’s competitive-tendering guidance says that, after entering into a contract, the authority must publish a contract details notice, subject to stated exceptions. A framework call-off is not the same as starting a new general competitive tender, but that does not remove the need to check the call-off’s own notices and records. Separately confirm whether the circumstances trigger standstill, an assessment summary, an award notice, publication or contract-document requirements, and observe the applicable timetable.

Can a council use another public body’s construction framework?

There is no generic yes or no. Check the framework’s access provisions to establish which authorities may use it, how eligible users are identified and whether any other conditions apply. Then confirm that the council’s project falls within the relevant scope and that the governing procurement rules allow the proposed use. A framework’s public-sector purpose, or another authority’s use of it, does not by itself establish your council’s entitlement.

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Which rules apply outside the Procurement Act framework regime?

This explanation concerns the Procurement Act 2023 framework regime and uses current England-focused construction examples. Scotland and procurements governed by other rules need jurisdiction-specific checking. Do not assume that procedures under earlier procurement legislation are identical to section 45, or that a DfE or Southern Construction Framework handbook governs another arrangement. Before launching the call-off, establish which law and framework terms apply to the authority and contract in question.

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