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From the magazine SZW-RSDA 1/2015 | p. 36-41 The following page is 36

Rahmenvereinbarungen im öffentlichen Beschaffungsrecht

The buying activity of the public purchaser has highly changed in the recent years due to the globalization of the markets. Given the economic and technical possibilities and for an efficient embodiment of the acqui­sition process the Framework Agreement (Rahmen­vereinbarung) finds wide application within public procurement. On the other hand these Framework Agreements must not cause any restriction of the market access (Antitrust Law). Framework Agreements, as a bundle of individual orders are qualified as public procurement, if it is also the case with the intended individual orders. This way may however be tricky both for the purchaser as well as the supplier. In this article it is shown (III.) that the reason for these set of problems lays in finding a balance between the interests of the public purchaser (to operate as flexible as possible during the process of the award) and those of the supplier (foreseeability and the equality of rights). Therefore the principles of…

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