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Framework Contract In Public Procurement

Framework Contract In Public Procurement Template for Germany

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Key Requirements PROMPT example:

Framework Contract In Public Procurement

"I need a Framework Contract in Public Procurement under German law for IT services and hardware procurement, with a maximum of 5 suppliers and an estimated value of €5 million, to commence in March 2025 for an initial period of 2 years."

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Document background
The Framework Contract In Public Procurement is a crucial document in German public sector purchasing, designed to streamline procurement processes while ensuring compliance with both German and EU procurement regulations. It is typically used when a public authority needs to establish a long-term arrangement for repeated purchases of goods, services, or works, without having to re-tender each time. The document must comply with the German Act against Restraints of Competition (GWB), the Public Procurement Ordinance (VgV), and EU Directive 2014/24/EU. It contains provisions for supplier selection, pricing mechanisms, quality standards, and call-off procedures, while ensuring transparency and fair competition. This type of agreement is particularly valuable for public authorities seeking to achieve efficiency in procurement while maintaining legal compliance and best value for public funds.
Suggested Sections

1. Parties: Identification of the contracting authority and the supplier(s), including registration details and authorized representatives

2. Background: Context of the framework agreement, procurement procedure reference, and general objectives

3. Definitions and Interpretation: Definitions of key terms, interpretation rules, and hierarchy of documents

4. Scope of Framework: Subject matter, duration, estimated value, and geographical scope of the framework

5. Framework Award Procedure: Process for awarding call-off contracts, including mini-competition procedures if applicable

6. Call-off Contract Terms: Standard terms that will apply to all call-off contracts under the framework

7. Obligations of the Contracting Authority: Key responsibilities and commitments of the public authority

8. Obligations of the Supplier: Core supplier obligations, quality standards, and performance requirements

9. Prices and Payment: Pricing mechanism, payment terms, and price adjustment provisions

10. Performance Monitoring: KPIs, reporting requirements, and performance review procedures

11. Liability and Insurance: Liability limitations, required insurance coverage, and indemnities

12. Confidentiality and Transparency: Confidentiality obligations balanced with public procurement transparency requirements

13. Term and Termination: Duration, renewal options, and termination provisions

14. Dispute Resolution: Procedures for handling disputes, applicable law, and jurisdiction

15. General Provisions: Standard boilerplate clauses including notices, amendments, and severability

Optional Sections

1. Multi-supplier Provisions: Additional provisions for frameworks with multiple suppliers, including ranking and rotation systems

2. IT and Data Processing: Specific provisions for IT services or systems, including data protection and security requirements

3. Social and Environmental Requirements: Specific sustainability, social value, or environmental protection requirements

4. Staff Transfer Provisions: TUPE/employee transfer provisions where relevant to the services

5. Intellectual Property Rights: Specific IP provisions where relevant to the goods/services

6. Security Requirements: Additional security requirements for sensitive contracts

7. Emergency Procedures: Special procedures for urgent or emergency requirements

8. Cross-border Provisions: Additional provisions for cross-border procurement within the EU

Suggested Schedules

1. Technical Specifications: Detailed technical requirements and specifications for goods/services

2. Pricing Schedule: Detailed pricing information, including any volume discounts or special rates

3. Service Levels: Detailed service level requirements and associated penalties/credits

4. Call-off Procedures: Detailed procedures and forms for making call-offs under the framework

5. Security Requirements: Detailed security procedures and requirements

6. Processing of Personal Data: Detailed data processing requirements and GDPR compliance measures

7. Staff Qualifications: Required qualifications and experience of key personnel

8. Tender Submission: Copy of the successful tender submission(s)

9. Form of Call-off Contract: Template contract for individual call-offs

10. Performance Monitoring: Detailed KPIs, reporting templates, and monitoring procedures

11. Exit Management: Detailed procedures for contract termination and transition

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions











































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Relevant Industries

Public Administration

Healthcare

Education

Defense

Infrastructure

Transportation

Information Technology

Environmental Services

Construction

Professional Services

Energy

Telecommunications

Facility Management

Research and Development

Social Services

Relevant Teams

Legal

Procurement

Commercial

Compliance

Public Sector Sales

Operations

Bid Management

Contract Management

Supply Chain

Risk Management

Finance

Quality Assurance

Relevant Roles

Procurement Director

Head of Public Procurement

Tender Manager

Contract Manager

Legal Counsel

Public Sector Account Manager

Bid Manager

Compliance Officer

Commercial Director

Framework Manager

Supply Chain Manager

Public Sector Sales Director

Chief Procurement Officer

Purchasing Manager

Legal Director

Operations Director

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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