1.The duration of a framework contract may not exceed four years, save in exceptional cases duly justified in particular by the subject of the framework contract.
Specific contracts based on framework contracts shall be awarded in accordance with the terms of the framework contract, only between the contracting authorities and the contractors of the framework contract.
When awarding specific contracts, the parties may not make substantial changes to the framework contract.
2.Where a framework contract is concluded with a single economic operator, the specific contracts shall be awarded within the limits of the terms laid down in the framework contract.
In duly justified circumstances, contracting authorities may consult in writing the contractor, requesting it to supplement its tender if necessary.
3.Where a framework contract is to be concluded with several economic operators, it shall be concluded with at least three operators, provided that there is a sufficient number of economic operators who satisfy the selection criteria or a sufficient number of admissible tenders which meet the award criteria.
A framework contract with several economic operators may take the form of separate contracts which contain identical terms.
Specific contracts based on framework contracts concluded with several economic operators shall be awarded in accordance with the following arrangements:
(a)in case of framework contracts without reopening of competition by application of the terms laid down in the framework contract;
(b)in case of framework contracts with reopening of competition, after the parties have again competed on the basis of the same and, if necessary, more precisely formulated terms, and, where appropriate, on the basis of other terms referred to in the specification for the framework contract.
For every specific contract to be awarded in accordance with the arrangements in point (b) of the third subparagraph, contracting authorities shall consult in writing the contractors of the framework contract, fixing a time limit which is sufficiently long to allow tenders to be submitted. Tenders shall be submitted in writing. Contracting authorities shall award each specific contract to the tenderer who has submitted the best tender on the basis of the award criteria set out in the specification for the framework contract.
4.In sectors subject to a rapid price and technological evolution, framework contracts without reopening of competition shall contain a clause either on a mid-term review or on a benchmarking system. After the mid-term review, if the conditions initially laid down are no longer adapted to the price or technological evolution, the contracting authority may not use the framework contract concerned and shall take appropriate measures to terminate it.
5.Only specific contracts based on framework contracts shall be preceded by a budgetary commitment.