The Framework Contract in Procurement is a essential document in Austrian public sector purchasing, used to establish a long-term procurement arrangement that streamlines the acquisition of goods, services, or works. It provides a compliant mechanism under the Austrian Federal Procurement Act (Bundesvergabegesetz) and EU procurement directives for repeated purchases without the need for multiple full tender procedures. The document sets out the overarching terms, conditions, and procedures for awarding specific call-off contracts, including pricing mechanisms, quality standards, and performance requirements. This type of agreement is particularly valuable for contracting authorities seeking efficiency in procurement while maintaining transparency and compliance with Austrian and EU procurement laws.
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1. Parties: Identification of the contracting authority and the supplier(s), including their legal status and authority to contract
2. Background: Context of the framework agreement, procurement process reference, and intended purpose
3. Definitions and Interpretation: Definitions of key terms, interpretation rules, and hierarchy of documents
4. Framework Agreement Structure: Nature of the framework, whether single or multi-supplier, duration, and basic operation principles
5. Scope of Framework: Description of goods/services covered, geographical scope, and any exclusions
6. Call-off Procedure: Detailed process for awarding call-off contracts, including mini-competition procedures if applicable
7. Pricing and Payment: Framework prices, pricing mechanism, payment terms, and price adjustment provisions
8. Quality and Performance Standards: Required service levels, quality standards, and performance monitoring
9. Ordering Process: Procedures for placing and accepting orders under the framework
10. Supplier Obligations: Key responsibilities, compliance requirements, and service delivery obligations
11. Contracting Authority Obligations: Authority's responsibilities, including information provision and cooperation
12. Contract Management: Management structures, reporting requirements, and review procedures
13. Liability and Insurance: Liability limits, required insurance coverage, and indemnification provisions
14. Intellectual Property Rights: Ownership and usage rights for any IP involved in the framework
15. Confidentiality and Data Protection: Confidentiality obligations and compliance with GDPR and Austrian data protection laws
16. Term and Termination: Duration, renewal options, and termination provisions
17. Dispute Resolution: Procedures for handling disputes, applicable law, and jurisdiction
18. General Provisions: Standard legal provisions including notices, amendments, and severability
1. Sustainability Requirements: Environmental and social responsibility requirements - include when procurement has specific sustainability goals
2. Security Requirements: Special security measures and clearances - required for sensitive procurements
3. Innovation Partnership: Provisions for development of innovative solutions - include when framework includes R&D elements
4. Supply Chain Requirements: Subcontractor and supply chain management - include for complex supply chains
5. Emergency Procedures: Special procedures for urgent requirements - include for critical supplies/services
6. Value Engineering: Provisions for continuous improvement and cost reduction - include for long-term technical frameworks
7. Training and Knowledge Transfer: Requirements for training and capability development - include when service delivery requires significant training
8. Exit Management: Detailed exit and transition arrangements - include for complex or critical services
1. Schedule 1 - Specification: Detailed technical specifications of goods/services covered by the framework
2. Schedule 2 - Pricing Schedule: Detailed pricing structures, rates, and calculation methodologies
3. Schedule 3 - Call-off Terms and Conditions: Standard terms and conditions for individual call-off contracts
4. Schedule 4 - Performance Indicators: Detailed KPIs, measurement methodologies, and reporting requirements
5. Schedule 5 - Contract Management Procedures: Detailed procedures for contract management, including forms and templates
6. Schedule 6 - Security Management: Detailed security procedures and requirements
7. Schedule 7 - Staff and Key Personnel: Requirements for staff qualifications and key personnel
8. Schedule 8 - Processing of Personal Data: Detailed data processing requirements and GDPR compliance measures
9. Appendix A - Order Form Template: Standard template for placing orders under the framework
10. Appendix B - Reporting Templates: Standard templates for required reports and performance monitoring
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
Compliance
Commercial
Supply Chain
Operations
Finance
Risk Management
Quality Assurance
Project Management
Technical Services
Contract Administration
Relevant Roles
Procurement Manager
Contract Manager
Legal Counsel
Compliance Officer
Commercial Director
Supply Chain Manager
Category Manager
Bid Manager
Project Manager
Operations Director
Finance Manager
Risk Manager
Technical Specialist
Quality Assurance Manager
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