Construction framework agreement expiry explained: common questions from public sector buyers

As our current SCAPE Regional and National Construction Frameworks come to a close, we’re unpacking what framework expiry means and answering key questions to help you make informed choices about your upcoming built environment projects.

What is a framework agreement in construction?

A framework agreement is a procurement arrangement that establishes a pre-appointed list of suppliers in specific areas. These suppliers competitively bid for a place on the framework and agree to pre-defined commercial, contractual and governance arrangements for the duration of the agreement. You can view our delivery partners here.

Frameworks are designed to help streamline procurement, allowing clients to focus on developing and delivering their projects rather than managing a lengthy procurement process.

How do construction framework agreements work?

When a client embarks on a construction project, traditional procurement typically requires them to run a competitive tender process to appoint a contractor or supplier. Under a construction framework agreement, that procurement process has already been undertaken, with key elements such as supplier selection, contractual terms and pricing established in advance.

When the client needs to procure goods, works or services, they can access the framework and procure their project through a 'call-off' process from the pre-appointed suppliers or contractors. During this process, clients agree project-specific details, such as scope, quantities and timescales.

Depending on the framework rules, clients may either select a supplier directly from the framework or run a mini competition between the suppliers appointed to the framework. The resulting agreement is known as a ‘call-off contract’, and the project is considered ‘called off’ from the framework.

Mirroring the principles outlined in the Construction Playbook, SCAPE’s Gold Standard frameworks provide access to pre-appointed delivery partners through a two-stage tender process. SCAPE frameworks are designed to offer significant added value to our public sector clients, including early contractor engagement, social value, active framework management and viability studies.

What happens when a framework agreement expires?

In accordance with the Procurement Act 2023, and to ensure realistic pricing, quality and fairness, framework agreements expire after a set period (typically four years). At this point, the agreement between the framework provider and their delivery partners comes to an end and new projects can no longer be procured via that framework agreement.

When creating a new framework to replace the expired one, the contracting authority (such as SCAPE) issues an official tender notice, setting out their intended framework stipulations and alerting the market that they are looking for new delivery partners. Bids are then submitted by interested suppliers and evaluated in accordance with relevant regulations before the new framework delivery partners are accepted on to the new framework.

All future SCAPE Construction Frameworks will be procured in compliance with the Procurement Act 2023.

Can you continue using a framework after it has expired?

Any projects that were called off before a framework expired remain live and can continue through to completion of the project, beyond the expiry date of the framework.

For a project to proceed under SCAPE’s current Construction Frameworks, an initial call-off must be made no later than the date of expiry. If a client wishes to deliver a built environment project under the SCAPE Construction Frameworks after the expiry but their project has not called off, they will need procure their project through the new SCAPE Regional or National Construction Frameworks (anticipated to be awarded in July and August 2027 respectively).

Will my project be affected if a framework expires?

Rest assured that all current and existing SCAPE Construction Frameworks* will remain compliant, and subject to the Public Contracts Regulations 2015 (PCRs) and the Utilities Contracts Regulations 2016 (UCRs), for the remaining duration of the framework and the call-off periods. Up until and beyond framework expiry, projects procured through these frameworks will follow the same compliant processes and requirements until project completion.

Up until their expiry, all current and existing SCAPE Construction Frameworks* will also remain Gold Standard-verified, a prestigious verification scheme that ensures public procurement frameworks achieve and improve upon the highest standards of operation and delivery.

During previous framework expiries, SCAPE and our delivery partners have continued to deliver projects on time and on budget. For example, Oak Grange Primary School for Derby City Council was completed in August 2023 under an earlier version of the SCAPE Regional Construction Framework, despite a newer version having been launched in August 2022.

*refers to the SCAPE Regional Construction Framework (expiring August 2027), the SCAPE Venture Construction Framework (expiring August 2027) and the SCAPE National Construction Framework (expiring September 2027).

What should organisations do when a framework is approaching expiry?

Engaging with a framework provider as early as possible ahead of framework expiry means organisations can progress upcoming projects without potential delays.

If you're planning a project and are unsure how an upcoming framework expiry affects your programme, speak to the SCAPE team for advice on your procurement options and the transition to our new frameworks.

Up until their expiry, SCAPE's Construction frameworks will remain Gold Standard-verified and fully compliant with the Public Contracts Regulations 2015 (PCRs) and Utilities Contracts Regulations 2016 (UCRs). Built environment projects procured through these frameworks will continue to follow the same compliant processes through to completion. The new SCAPE Construction Frameworks are being procured in accordance with the Procurement Act 2023, ensuring clients can continue to access a compliant, efficient and high-quality route to market.