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Framework Agreement
I need a framework agreement to establish a collaborative partnership between two companies for a joint venture in the technology sector, outlining roles, responsibilities, and financial contributions of each party, with a focus on intellectual property rights and dispute resolution mechanisms. The agreement should include a termination clause with a 3-month notice period and provisions for periodic review and amendment.
What is a Framework Agreement?
A Framework Agreement sets up the basic rules and terms for future contracts between parties, without committing to specific quantities or timelines right away. In Pakistan's public sector, these agreements help streamline procurement by letting government departments order supplies or services multiple times under one master agreement.
Under Pakistan's Public Procurement Rules, Framework Agreements typically last 2-3 years and create a flexible buying arrangement. Instead of negotiating fresh terms every time, organizations can quickly place orders within pre-agreed prices and conditions. This saves time and money, especially for regular purchases like office supplies, IT services, or construction materials.
When should you use a Framework Agreement?
Framework Agreements work best when your organization needs regular supplies or services but can't predict exact quantities upfront. For example, government departments in Pakistan use them to buy IT equipment, office supplies, or maintenance services throughout the year without running separate tenders each time.
These agreements make particular sense when you need quick access to pre-approved vendors, want to lock in competitive prices, or manage multiple small orders efficiently. They're especially valuable for public sector bodies following PPRA rules, helping streamline procurement while maintaining transparency and getting better value through bulk pricing arrangements.
What are the different types of Framework Agreement?
- Framework Contract: Basic template for ongoing business relationships, typically used for regular services or supplies with fixed terms but flexible quantities.
- Framework Agreement In Procurement: Specialized version aligned with PPRA rules for government purchasing, featuring mandatory compliance clauses and public sector requirements.
- Framework Partnership Agreement: Focuses on collaborative business relationships, including profit-sharing and joint operations terms.
- Framework Supply Agreement: Tailored for product supply chains, with detailed delivery schedules and quality specifications.
- Investment Framework Agreement: Structures long-term investment relationships, including funding mechanisms and return arrangements.
Who should typically use a Framework Agreement?
- Government Departments: Primary users of Framework Agreements in Pakistan, especially for regular procurement of goods and services under PPRA rules.
- Procurement Officers: Responsible for drafting terms, managing vendor relationships, and ensuring compliance with public procurement regulations.
- Legal Teams: Review and validate agreement terms, ensure regulatory compliance, and handle dispute resolution clauses.
- Suppliers and Vendors: Businesses that provide goods or services under the agreement's terms, often pre-qualified through tender processes.
- Finance Departments: Monitor spending limits, process payments, and track financial commitments within the agreement's scope.
- Auditors: Review agreements to ensure transparency and compliance with public spending rules.
How do you write a Framework Agreement?
- Basic Requirements: Gather details of all parties, scope of goods/services, intended duration, and maximum contract value under PPRA rules.
- Pricing Structure: Document base rates, volume discounts, payment terms, and any price adjustment mechanisms.
- Performance Metrics: Define quality standards, delivery timeframes, and key performance indicators.
- Compliance Check: Review current PPRA guidelines and procurement rules to ensure alignment.
- Risk Assessment: Identify potential issues and include appropriate safeguards and dispute resolution procedures.
- Internal Approvals: List required departmental sign-offs and budget authorizations.
- Document Generation: Use our platform to create a legally-sound agreement that includes all mandatory elements and reduces drafting errors.
What should be included in a Framework Agreement?
- Party Details: Full legal names, addresses, and registration numbers of all involved organizations.
- Scope Definition: Clear description of goods/services covered, including specifications and standards.
- Duration Terms: Agreement period, renewal options, and termination conditions under PPRA guidelines.
- Financial Framework: Pricing mechanism, payment terms, and maximum contract value limits.
- Performance Standards: Quality requirements, delivery schedules, and KPI measurements.
- Risk Management: Liability limits, insurance requirements, and force majeure provisions.
- Dispute Resolution: Clear procedures following Pakistani arbitration laws.
- Compliance Statements: References to relevant PPRA rules and regulatory requirements.
- Signature Block: Authorized signatory details and witness requirements.
What's the difference between a Framework Agreement and a Business Acquisition Agreement?
Framework Agreements often get confused with Business Acquisition Agreement, but they serve distinctly different purposes in Pakistani commercial law. While both involve detailed commercial relationships, their core functions and applications differ significantly.
- Duration and Flexibility: Framework Agreements establish ongoing relationships with flexible terms and multiple transactions, while Business Acquisition Agreements cover one-time business purchases with fixed terms.
- Purpose: Framework Agreements create a structure for future dealings and repeated purchases, whereas Business Acquisition Agreements facilitate the complete transfer of business ownership or assets.
- Payment Structure: Framework Agreements typically involve multiple smaller payments over time based on actual orders, while Business Acquisition Agreements usually include larger, predetermined payment schedules.
- Risk Management: Framework Agreements focus on operational risks and ongoing performance, while Business Acquisition Agreements emphasize warranties, representations, and transfer risks.
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