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Framework Agreement In Procurement

Framework Agreement In Procurement Template for Denmark

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Framework Agreement In Procurement

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The Framework Agreement In Procurement is a crucial document in Danish public sector contracting, designed to facilitate efficient and compliant procurement processes. It is typically used when a public authority needs to establish a long-term arrangement for the supply of goods, services, or works, allowing for multiple call-offs over a set period without repeated full tender procedures. This document type is governed by Danish procurement law, including the Udbudsloven, and must comply with EU Directive 2014/24/EU. It includes essential elements such as pricing mechanisms, quality standards, ordering procedures, and performance requirements, while providing flexibility for specific requirements in individual call-offs. The agreement is particularly valuable for public authorities seeking to optimize procurement efficiency while maintaining compliance with legal requirements and ensuring value for money.
Suggested Sections

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

2. Background: Context of the framework agreement, reference to the procurement process, and its outcome

3. Definitions: Defined terms used throughout the agreement, including procurement-specific terminology

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

5. Framework Operation: Mechanisms for calling off from the framework, including mini-competition procedures if applicable

6. Award Procedures: Procedures for awarding specific contracts under the framework

7. Pricing and Payment: Pricing mechanism, payment terms, and price adjustment provisions

8. Quality and Performance: Quality standards, KPIs, and performance monitoring requirements

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

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

11. Warranties and Representations: Standard and specific warranties relating to the goods/services

12. Liability and Insurance: Liability limitations, indemnities, and insurance requirements

13. Term and Termination: Duration of the framework, renewal options, and termination rights

14. Confidentiality: Confidentiality obligations and information handling requirements

15. Governing Law and Jurisdiction: Confirmation of Danish law application and dispute resolution procedures

16. Signature Page: Execution blocks for all parties

Optional Sections

1. Data Protection: Required when personal data processing is involved, ensuring GDPR compliance

2. Intellectual Property Rights: Needed when the framework involves software, creative works, or other IP-sensitive materials

3. Social and Environmental Requirements: Include when specific sustainability or social responsibility requirements apply

4. Security Requirements: Required for frameworks involving sensitive information or security-critical services

5. Staff and Subcontracting: Include when specific requirements for personnel or subcontractor use exist

6. Business Continuity: Required for critical services or high-value frameworks

7. Innovation and Development: Include when the framework anticipates product/service evolution

8. Export Control: Required when goods/services may be subject to export regulations

Suggested Schedules

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

2. Schedule 2 - Pricing Schedule: Detailed pricing information, including any volume discounts or special rates

3. Schedule 3 - Service Levels: Specific service levels, KPIs, and performance measurement criteria

4. Schedule 4 - Call-off Terms and Conditions: Standard terms applying to individual contracts under the framework

5. Schedule 5 - Order Form Template: Standard form for placing orders under the framework

6. Schedule 6 - Award Criteria: Criteria for awarding contracts in mini-competitions

7. Schedule 7 - Processing Agreement: Data processing terms if required under GDPR

8. Schedule 8 - Contract Management: Procedures for contract management, meetings, and reporting

9. Appendix A - Supplier Response: Original tender response from the supplier

10. Appendix B - Implementation Plan: Timeline and procedures for framework implementation

Authors

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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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