Framework Contract In Procurement for Germany

Framework Contract In Procurement Template for Germany

A Framework Contract in Procurement under German law (Rahmenvereinbarung) is a long-term agreement between a contracting authority and one or more suppliers that establishes the terms governing contracts to be awarded during a given period, particularly concerning price and quantity. This document complies with German procurement law (GWB and VgV) and EU procurement directives, providing a structured approach to repeated procurement needs while ensuring transparency and competition. It sets out the terms, conditions, and procedures for subsequent call-off contracts, including pricing mechanisms, quality standards, and operational procedures.

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What is a Framework Contract In Procurement?

The Framework Contract In Procurement is a crucial document in German public procurement practice, designed to streamline and standardize repeated procurement needs while ensuring compliance with both German law (particularly the GWB and VgV) and EU procurement directives. It is typically used when a contracting authority expects to have recurring requirements for specific goods, works, or services but cannot determine the exact quantities or timing in advance. The framework establishes the commercial and legal terms that will govern subsequent call-off contracts, including pricing structures, quality requirements, and operational procedures. This approach offers flexibility while maintaining competitive tension and transparency in public procurement. The document includes provisions for mini-competitions (if multiple suppliers), ordering procedures, performance monitoring, and dispute resolution, all within the context of German legal requirements.

What sections should be included in a Framework Contract In Procurement?

1. Parties: Identification of the contracting authority and the supplier(s), including their legal form and registration details

2. Background: Context of the framework agreement, including the procurement process reference and date of award

3. Definitions: Definitions of key terms used throughout the agreement, including specific procurement terminology

4. Scope of Framework: Description of goods/services covered, duration, and estimated quantities

5. Framework Operation: Procedures for call-offs, ordering mechanism, and award criteria for mini-competitions if applicable

6. Prices and Payment: Pricing structure, payment terms, invoicing requirements, and price adjustment mechanisms

7. Quality and Performance: Quality standards, KPIs, reporting requirements, and performance monitoring

8. Ordering Process: Detailed procedures for placing and accepting orders under the framework

9. Delivery and Acceptance: Terms for delivery, inspection, testing, and acceptance of goods/services

10. Warranties and Representations: Standard and specific warranties regarding capacity, quality, and compliance

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

12. Intellectual Property: Rights and obligations regarding IP created or used under the framework

13. Confidentiality and Data Protection: Obligations regarding confidential information and GDPR compliance

14. Term and Termination: Duration, renewal options, and termination rights

15. Force Majeure: Events constituting force majeure and consequences

16. Governing Law and Jurisdiction: Confirmation of German law application and dispute resolution procedures

What sections are optional to include in a Framework Contract In Procurement?

1. Multiple Supplier Provisions: Required only for multi-supplier frameworks, defining ranking or rotation systems

2. Mini-Competition Procedures: Needed when framework allows for mini-competitions between suppliers

3. Volume Guarantee: Optional section for minimum volume commitments, if applicable

4. Sustainability Requirements: Additional environmental or social requirements if part of procurement criteria

5. Security Requirements: For frameworks involving sensitive information or requiring specific security measures

6. Staff and Personnel: Required for service contracts involving key personnel or staff transfer

7. Business Continuity: Required for critical supply arrangements

8. Exit Management: Detailed exit provisions for complex or critical supply arrangements

What schedules should be included in a Framework Contract In Procurement?

1. Schedule 1 - Specification: Detailed technical specifications of goods/services covered by the framework

2. Schedule 2 - Pricing: Detailed pricing tables, including any volume discounts or special pricing mechanisms

3. Schedule 3 - Order Form Template: Standard form for placing call-off orders under the framework

4. Schedule 4 - Service Levels: Detailed service level requirements and measurement criteria

5. Schedule 5 - Processing of Personal Data: Details of any personal data processing under GDPR

6. Schedule 6 - Key Personnel: List of key supplier personnel (if applicable)

7. Schedule 7 - Tender Response: Supplier's original tender submission incorporated by reference

8. Schedule 8 - Call-off Terms: Standard terms applying to individual call-off contracts

9. Schedule 9 - Change Control Procedure: Process for making changes to the framework or call-offs

10. Appendix 1 - Contact Details: Key contact information for both parties

11. Appendix 2 - Reporting Requirements: Templates and timing for required reporting

Authors

Alex Denne

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

Jurisdiction

Germany

Publisher

Genie AI

Document Type

Service Agreement

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Public Administration

Healthcare

Education

Defense

Infrastructure

Transportation

Information Technology

Professional Services

Construction

Energy

Telecommunications

Environmental Services

Facilities Management

Research and Development

Relevant Teams

Procurement

Legal

Finance

Operations

Commercial

Compliance

Risk Management

Supply Chain

Contract Management

Quality Assurance

Project Management

Relevant Roles

Procurement Director

Contract Manager

Legal Counsel

Procurement Officer

Supply Chain Manager

Commercial Director

Project Manager

Bid Manager

Compliance Officer

Category Manager

Operations Director

Finance Manager

Risk Manager

Technical Specialist

Quality Assurance Manager

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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