The Framework Contract In Procurement is a strategic procurement instrument used in the Netherlands to establish long-term procurement relationships while ensuring compliance with Dutch and EU procurement regulations. It is particularly suitable for situations where a contracting authority has recurring procurement needs but wants to maintain flexibility in terms of timing and quantity of orders. The document complies with the Dutch Public Procurement Act 2012 (Aanbestedingswet 2012) and related regulations, incorporating necessary provisions for transparency, fair competition, and proper public spending. It typically results from a formal tender process and includes mechanisms for subsequent call-off contracts, pricing structures, performance metrics, and compliance requirements. The framework can be single or multi-supplier and is commonly used by public sector organizations and other entities subject to public procurement regulations in the Netherlands.
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1. Parties: Identification of the contracting authority and the supplier(s), including registration details and authorized representatives
2. Background: Context of the framework agreement, reference to the tender process, and procurement procedure followed
3. Definitions: Definitions of key terms used throughout the agreement, including specific procurement and framework-related terminology
4. Scope of Framework: Description of goods/services covered, exclusivity/non-exclusivity provisions, and geographical scope
5. Duration: Term of the framework agreement, including start date, end date, and any extension options
6. Call-off Procedure: Process for awarding specific contracts under the framework, including mini-competition procedures if applicable
7. Ordering Process: Detailed procedures for placing and accepting orders under the framework
8. Pricing and Payment: Pricing mechanism, payment terms, price adjustment provisions, and invoicing requirements
9. Performance Standards: Quality standards, KPIs, and service levels applicable to all call-off contracts
10. Supplier Obligations: General obligations of the supplier(s) including compliance with regulations and maintenance of certifications
11. Contracting Authority Obligations: Obligations of the contracting authority, including provision of information and cooperation
12. Compliance and Audit: Requirements for regulatory compliance, record-keeping, and audit rights
13. Liability and Insurance: Liability provisions, required insurance coverage, and indemnification obligations
14. Confidentiality and Data Protection: Provisions for handling confidential information and personal data
15. Intellectual Property: Rights and obligations regarding IP created or used under the framework
16. Termination: Grounds for termination, termination procedures, and consequences of termination
17. Dispute Resolution: Procedures for resolving disputes, including jurisdiction and applicable law
18. General Provisions: Standard boilerplate clauses including notices, amendments, and severability
1. Multi-Supplier Provisions: Required for frameworks with multiple suppliers, including ranking systems and rotation procedures
2. Sustainability Requirements: Specific environmental and social responsibility requirements, if part of the procurement criteria
3. Security Requirements: For frameworks involving sensitive information or security-critical supplies/services
4. Staff and Personnel: Required for service-based frameworks where specific personnel requirements apply
5. Supply Chain Requirements: For frameworks where supply chain management and subcontracting are significant factors
6. Innovation and Continuous Improvement: For long-term frameworks where technological or process innovation is expected
7. Volume Guarantees: If minimum or maximum volume commitments are part of the framework
8. Transition and Exit: Detailed transition and exit provisions for complex or critical supply arrangements
1. Schedule 1 - Specification: Detailed technical specifications of goods/services covered by the framework
2. Schedule 2 - Pricing Schedule: Detailed pricing structures, rates, and any volume-based discounts
3. Schedule 3 - Call-off Terms and Conditions: Standard terms and conditions applying to all call-off contracts
4. Schedule 4 - Call-off Form: Template form for placing orders under the framework
5. Schedule 5 - Service Levels and KPIs: Detailed performance metrics and measurement methodologies
6. Schedule 6 - Processing of Personal Data: Details of any personal data processing under the framework
7. Schedule 7 - Supplier Personnel: Key personnel requirements and any approved subcontractors
8. Schedule 8 - Tender Response: Supplier's original tender response incorporated into the agreement
9. Schedule 9 - Change Control Procedure: Procedures for managing changes to the framework or call-off contracts
10. Appendix A - Management Information Requirements: Details of required reporting and management information
11. Appendix B - Security Requirements: Detailed security procedures and requirements
12. Appendix C - Exit Management Plan: Procedures for managing the end of the framework or call-off contracts
Relevant legal definitions
Aanbestedingswet
Acceptance Criteria
Applicable Law
Authorized Representative
Background IP
Call-off Contract
Call-off Form
Call-off Procedure
Commencement Date
Commercially Sensitive Information
Confidential Information
Contract Year
Contracting Authority
Data Protection Legislation
Deliverables
Direct Award
Expiry Date
Force Majeure Event
Framework Agreement
Framework Manager
Framework Period
Framework Prices
Good Industry Practice
Goods
Initial Term
Intellectual Property Rights
Key Personnel
Key Performance Indicators
Material Breach
Mini-Competition
Mini-Competition Procedure
Order
Performance Standards
Personal Data
Price Adjustment
Processing
Procurement Documents
Quality Standards
Relevant Authority
Schedule
Services
Service Credits
Service Levels
Specification
Staff
Supplier
Supplier Personnel
Supply Chain
Tender
Term
Termination Date
Third Party
Working Day
VAT
Volume Commitment
Acceptance Criteria
Applicable Law
Authorized Representative
Background IP
Call-off Contract
Call-off Form
Call-off Procedure
Commencement Date
Commercially Sensitive Information
Confidential Information
Contract Year
Contracting Authority
Data Protection Legislation
Deliverables
Direct Award
Expiry Date
Force Majeure Event
Framework Agreement
Framework Manager
Framework Period
Framework Prices
Good Industry Practice
Goods
Initial Term
Intellectual Property Rights
Key Personnel
Key Performance Indicators
Material Breach
Mini-Competition
Mini-Competition Procedure
Order
Performance Standards
Personal Data
Price Adjustment
Processing
Procurement Documents
Quality Standards
Relevant Authority
Schedule
Services
Service Credits
Service Levels
Specification
Staff
Supplier
Supplier Personnel
Supply Chain
Tender
Term
Termination Date
Third Party
Working Day
VAT
Volume Commitment
Clauses
Framework Operation
Duration and Extension
Call-off Procedures
Mini-Competition Process
Ordering Process
Performance Standards
Quality Assurance
Pricing and Payment
Price Adjustment
Invoicing
Service Levels
Key Performance Indicators
Reporting Requirements
Contract Management
Supplier Obligations
Customer Obligations
Regulatory Compliance
Procurement Law Compliance
Competition Law
Data Protection
Confidentiality
Intellectual Property
Staff and Personnel
Subcontracting
Supply Chain
Insurance
Liability
Indemnification
Force Majeure
Change Control
Dispute Resolution
Governing Law
Termination
Exit Management
Business Continuity
Environmental Requirements
Social Value
Anti-Corruption
Information Security
Audit Rights
Record Keeping
Warranties
Assignment and Novation
Notices
Entire Agreement
Severability
Third Party Rights
Volume Commitments
Performance Monitoring
Risk Management
Duration and Extension
Call-off Procedures
Mini-Competition Process
Ordering Process
Performance Standards
Quality Assurance
Pricing and Payment
Price Adjustment
Invoicing
Service Levels
Key Performance Indicators
Reporting Requirements
Contract Management
Supplier Obligations
Customer Obligations
Regulatory Compliance
Procurement Law Compliance
Competition Law
Data Protection
Confidentiality
Intellectual Property
Staff and Personnel
Subcontracting
Supply Chain
Insurance
Liability
Indemnification
Force Majeure
Change Control
Dispute Resolution
Governing Law
Termination
Exit Management
Business Continuity
Environmental Requirements
Social Value
Anti-Corruption
Information Security
Audit Rights
Record Keeping
Warranties
Assignment and Novation
Notices
Entire Agreement
Severability
Third Party Rights
Volume Commitments
Performance Monitoring
Risk Management
Relevant Industries
Public Sector
Healthcare
Education
Infrastructure
Information Technology
Construction
Professional Services
Transportation
Energy
Telecommunications
Defense
Facilities Management
Environmental Services
Financial Services
Relevant Teams
Procurement
Legal
Commercial
Finance
Compliance
Risk Management
Operations
Supply Chain
Contract Management
Project Management
Vendor Management
Strategic Sourcing
Relevant Roles
Procurement Director
Head of Legal
Commercial Director
Contract Manager
Procurement Officer
Legal Counsel
Supply Chain Manager
Category Manager
Tender Manager
Chief Financial Officer
Compliance Officer
Risk Manager
Operations Director
Project Manager
Sourcing Manager
Vendor Manager
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