Multi Supplier Framework Agreement Template for Indonesia
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What is a Multi Supplier Framework Agreement?
The Multi Supplier Framework Agreement is designed for use in situations where an organization needs to establish a formal relationship with multiple suppliers under Indonesian law, while maintaining flexibility in supplier selection and engagement. This document is particularly valuable for large-scale procurement operations where supply security, competitive pricing, and service quality are critical factors. It includes comprehensive provisions for supplier appointment, performance monitoring, pricing mechanisms, and risk management, all aligned with Indonesian legal requirements including the Civil Code (Kitab Undang-undang Hukum Perdata) and relevant procurement regulations. The framework is structured to allow efficient procurement while ensuring fair competition and transparency in supplier selection.
About the Multi Supplier Framework Agreement
A Multi Supplier Framework Agreement is a strategic procurement tool that allows you to establish formal relationships with multiple suppliers while maintaining the flexibility to select the best provider for each specific requirement. Under Indonesian law, this agreement creates a structured framework where suppliers compete for individual call-off contracts based on predetermined terms and conditions.
When do you need this document?
You need this agreement when your organization requires ongoing access to goods or services from multiple suppliers over an extended period. It's particularly valuable for large corporations, government agencies, or institutions that want to maintain supply security while ensuring competitive pricing. The framework is ideal when you need to balance supplier diversity with operational efficiency, or when regulatory requirements mandate multi-supplier arrangements. Many organizations use this structure for IT services, construction projects, professional services, or supply of goods where market conditions and requirements may change over time.
Key legal considerations
The agreement must clearly define the relationship between the framework owner and suppliers, ensuring it doesn't create exclusive dealing arrangements that could violate competition law. Performance monitoring mechanisms should be objective and measurable to avoid disputes. Pricing structures need careful consideration to ensure fairness and prevent anti-competitive behavior. Bank guarantee requirements should align with Indonesian banking regulations and be proportionate to contract values. Termination clauses must balance flexibility with reasonable notice periods to protect all parties' commercial interests. The agreement should also address intellectual property rights, confidentiality obligations, and liability limitations appropriate to the scope of services or goods being procured.
Legal requirements in Indonesia
Under the Indonesian Civil Code, the agreement must meet standard contract formation requirements including clear offer and acceptance, consideration, and legal capacity of parties. Law No. 7 of 2014 on Trade requires compliance with trading regulations and supplier registration requirements. Presidential Regulation No. 16 of 2018 provides important guidelines for framework structures, particularly regarding transparency and fair competition principles. Law No. 5 of 1999 on Prohibition of Monopolistic Practices ensures the framework doesn't create unfair competitive advantages or market manipulation. Foreign suppliers must comply with Law No. 25 of 2007 on Investment regarding business licensing and registration. The agreement should also address dispute resolution mechanisms, preferably through Indonesian courts or recognized arbitration institutions, and ensure all suppliers maintain proper business licenses and tax compliance throughout the framework period.
GOVERNING LAW
Applicable law
This Multi Supplier Framework Agreement is drafted to comply with Indonesia law. Key legislation includes:
Law No. 7 of 2014 on Trade: Regulates trading activities in Indonesia, including domestic and international trade arrangements and supplier obligations
Presidential Regulation No. 16 of 2018 on Government Procurement: While specifically for government procurement, provides important guidelines for framework agreements and multi-supplier arrangements
Law No. 5 of 1999 on Prohibition of Monopolistic Practices and Unfair Business Competition: Ensures fair competition and prevents anti-competitive practices in multi-supplier arrangements
Law No. 25 of 2007 on Investment: Regulates foreign investment and business activities, particularly relevant for foreign suppliers in the framework agreement
Law No. 11 of 2008 on Electronic Information and Transactions: Governs electronic transactions and digital communications in business relationships
Law No. 8 of 1999 on Consumer Protection: Provides consumer protection requirements that suppliers must adhere to in their service/product delivery
Government Regulation No. 80 of 2019 on Trading Through Electronic Systems: Regulates e-commerce and electronic trading systems, relevant for digital aspects of supplier management
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