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Framework Agreement
I need a framework agreement to establish a collaborative partnership between two companies for a joint venture in renewable energy projects. The agreement should outline the roles and responsibilities of each party, the scope of the projects, and mechanisms for dispute resolution, with a focus on compliance with South African regulations and sustainability goals.
What is a Framework Agreement?
A Framework Agreement sets the ground rules for future contracts between parties, typically lasting several years. In South African procurement, these agreements help government departments and businesses establish long-term purchasing arrangements without committing to specific quantities upfront.
Organizations use Framework Agreements to streamline their procurement process, save time, and secure better pricing through bulk commitments. They're especially valuable under South Africa's Preferential Procurement Policy Framework Act, letting entities quickly source from pre-approved suppliers while maintaining BEE compliance and competitive pricing. The agreement covers key terms like quality standards, delivery conditions, and pricing mechanisms, but actual orders happen through separate purchase orders.
When should you use a Framework Agreement?
Framework Agreements work best when you need regular supplies or services but can't predict exact quantities or timing. They're particularly valuable for government departments and large organizations in South Africa that frequently purchase items like office supplies, IT equipment, or maintenance services.
Consider using a Framework Agreement when you want to cut procurement time, ensure BEE compliance, and lock in favorable prices without committing to fixed volumes. It's especially useful if you manage multiple departments with similar needs, need quick access to pre-approved suppliers, or must maintain consistent quality standards across numerous purchases. The agreement helps you avoid repeated tender processes while staying within Public Finance Management Act requirements.
What are the different types of Framework Agreement?
- Contract Framework Agreement: Basic template focused on goods and services procurement, typically used by government departments and large corporations for regular purchasing arrangements.
- Collaboration Framework Agreement: Designed for joint projects where multiple parties share resources and responsibilities while maintaining separate identities.
- Cooperation Framework Agreement: Structured for informal partnerships, emphasizing shared objectives without detailed commercial terms.
- Framework Partnership Agreement: More comprehensive version covering complex business relationships, profit sharing, and detailed operational procedures.
- Partnership Framework Agreement: Focuses on long-term strategic alliances, including governance structures and risk-sharing mechanisms.
Who should typically use a Framework Agreement?
- Government Departments: Primary users of Framework Agreements, especially for procurement of regular supplies and services under Treasury regulations and BEE requirements.
- State-Owned Enterprises: Use these agreements to establish long-term supplier relationships while maintaining compliance with public procurement laws.
- Corporate Procurement Teams: Draft and manage agreements to streamline purchasing processes and maintain vendor relationships.
- Legal Advisors: Review and customize agreement terms to ensure compliance with South African law and protect client interests.
- Suppliers and Service Providers: Participate as contracted parties, often competing for inclusion in government and corporate framework panels.
How do you write a Framework Agreement?
- Initial Assessment: Identify scope of goods/services needed, expected duration, and potential suppliers who meet BEE requirements.
- Compliance Check: Review Treasury regulations and PFMA requirements for your organization type and procurement value.
- Supplier Research: Gather potential suppliers' company details, BEE certificates, tax clearance status, and track record.
- Price Structure: Define pricing mechanisms, volume discounts, and rate adjustment terms.
- Performance Metrics: Establish clear KPIs, delivery timeframes, and quality standards.
- Documentation: Our platform generates comprehensive Framework Agreements tailored to South African law, ensuring all essential elements are included.
What should be included in a Framework Agreement?
- Party Details: Full legal names, registration numbers, and authorized signatories of all participating entities.
- Scope Definition: Clear description of goods/services covered, including specifications and quality standards.
- Duration Terms: Agreement period, renewal options, and termination conditions.
- Pricing Structure: Rate cards, volume discounts, price adjustment mechanisms aligned with Treasury guidelines.
- BEE Compliance: Current BEE status, transformation commitments, and monitoring provisions.
- Performance Metrics: Service levels, delivery timeframes, and quality standards.
- Dispute Resolution: South African jurisdiction, mediation procedures, and applicable law references.
- Data Protection: POPIA compliance measures and data handling protocols.
What's the difference between a Framework Agreement and a Business Acquisition Agreement?
A Framework Agreement differs significantly from a Business Acquisition Agreement in both purpose and structure. While Framework Agreements establish ongoing terms for future transactions, Business Acquisition Agreements deal with one-time purchases of entire businesses.
- Transaction Nature: Framework Agreements create a structure for multiple future purchases, while Business Acquisition Agreements cover a single, complete business transfer.
- Duration and Flexibility: Framework Agreements typically run for several years with flexible order quantities, whereas Business Acquisition Agreements conclude once the sale completes.
- Price Mechanism: Framework Agreements often include rate cards and volume-based pricing, while Business Acquisition Agreements specify fixed purchase prices and payment terms.
- Regulatory Focus: Framework Agreements emphasize BEE compliance and Treasury regulations, while Business Acquisition Agreements focus on Companies Act requirements and transfer regulations.
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