horak.
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horak Rechtsanwälte – Vergaberecht

Public procurement for contracting authorities and bidders

Framework agreements and call-off contracts

A framework agreement sets the conditions for later purchases. Its usefulness depends on a clear scope, identified users, realistic value and legally compliant call-off rules. It is not an unlimited authority to order any future requirement.

Define scope and limits

Specify the products or services, participating authorities, expected demand and required maximum quantity or value. Estimated volume and maximum volume serve different functions. The applicable rules also govern duration and any exceptional justification for a longer term. Bidders need enough information to price the opportunity and understand the commercial risk.

Choose the call-off mechanism

A single-supplier framework and a multi-supplier framework can require different processes. Where all terms are fixed, allocation must follow the stated rules. Where a further competition is required, the authority must apply the framework’s conditions and invite the relevant participants. It cannot invent new award criteria merely because a later purchase is urgent.

Monitor use during performance

Keep a record of orders, remaining volume, authorised users and expiry. An additional authority cannot necessarily join after award. New services outside the scope may require another procurement. Once the relevant maximum is reached, further orders need a lawful basis rather than administrative convenience.

Review the documents together

The notice, framework terms, price mechanism and call-off instructions should be consistent. Check how changes in quantities, indexation, delivery locations and individual requirements are handled. The framework’s procurement validity and the contractual enforceability of a particular order are related but separate questions.

Four practical examples

The following scenarios are illustrative, not reports of actual client matters. The outcome depends on the documents and circumstances of the individual procurement.

Example 1: Maximum reached

Orders approach the stated ceiling. Check the remaining lawful capacity before another call-off. An estimate that was exceeded cannot automatically be treated as an unlimited maximum.

Example 2: New user

A public body wants to join a favourable framework. Verify whether it was within the originally identified group. A later agreement between buyers does not necessarily expand the procurement.

Example 3: Mini-competition

Several framework suppliers can meet a need. Follow the stated reopening rules and criteria. An informal preference for one supplier cannot replace a required competition.

Example 4: Different service

A hardware framework is used to request extensive consultancy. Compare the service with the original scope. Using the same contract number does not make the new requirement a permitted call-off.

Related topics

EU procurement thresholds for 2026 and 2027 · Contract modifications and additional public works · Public procurement advice for contracting authorities

Discuss your procurement

For a review, please identify the authority, contract or lot, current procedural stage and any deadline. We can then clarify the scope of the requested work. Contact our team. An enquiry does not itself create a retainer or preserve a legal deadline.

Legal sources

Official legislation and materials, some in German: § 21 VgV – Rahmenvereinbarungen · § 22 VgV – Dynamische Beschaffungssysteme · § 132 GWB · EuGH, C-23/20 – Simonsen & Weel

Updated 13 November 2026. Illustrative guidance on German and EU procurement law.

Deutsche Fassung

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