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Government Framework Agreement

Government Framework Agreement Template for South Africa

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Key Requirements PROMPT example:

Government Framework Agreement

"I need a Government Framework Agreement for IT infrastructure services, including cloud hosting and support services, with a duration of 3 years starting March 2025, that includes specific provisions for data security and meets SITA requirements."

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Document background
The Government Framework Agreement is a strategic procurement instrument used in South African public sector contracting to establish long-term relationships with suppliers for recurring needs. It provides a complaint mechanism for government departments to procure goods and services efficiently while ensuring compliance with South African procurement regulations, including the Public Finance Management Act and B-BBEE requirements. The agreement sets out standardized terms, conditions, and procedures for subsequent call-off orders, enabling streamlined procurement while maintaining transparency and competitive pricing. It typically includes provisions for performance monitoring, pricing adjustments, and transformation goals, making it particularly suitable for high-value or repeat procurement needs across government departments. Framework agreements reduce procurement time and costs while ensuring consistency in contracting terms and compliance with public sector procurement requirements.
Suggested Sections

1. Parties: Identification of the government department/entity and the supplier(s), including registration details and authority to contract

2. Background: Context of the framework agreement, procurement process followed, and reference to enabling legislation

3. Definitions and Interpretation: Comprehensive definitions including framework-specific terms, call-off procedures, and interpretation rules

4. Framework Arrangements: Core principles of the framework, duration, scope, and nature of the relationship

5. Call-off Procedures: Detailed procedures for placing orders under the framework, including pricing mechanisms and order forms

6. Pricing and Payment Terms: Framework prices, price adjustment mechanisms, payment terms and invoicing requirements

7. Performance Standards: Required service levels, quality standards, and performance monitoring mechanisms

8. B-BBEE and Transformation Commitments: Supplier's B-BBEE commitments, transformation goals, and reporting requirements

9. Governance and Contract Management: Management structures, reporting requirements, and oversight mechanisms

10. Compliance and Audit Rights: Compliance obligations, audit rights, and record-keeping requirements

11. Intellectual Property Rights: Ownership and usage rights for IP developed under the framework

12. Confidentiality and Data Protection: Protection of confidential information and compliance with data protection laws

13. Risk Allocation and Indemnities: Risk allocation between parties and indemnification provisions

14. Termination Provisions: Grounds for termination, consequences, and transition arrangements

15. General Provisions: Standard boilerplate clauses including notices, amendments, and governing law

Optional Sections

1. Local Content Requirements: Required when the framework involves designated sectors under local content regulations

2. Skills Transfer and Development: Used when the framework includes requirements for skills development and transfer

3. Environmental Compliance: Required for frameworks with significant environmental impact or sustainability requirements

4. Security Requirements: Included for frameworks involving sensitive government information or facilities

5. Export Control Compliance: Required when framework involves international trade or controlled goods

6. Emergency Procedures: Included for essential services or critical supply frameworks

7. Sub-contracting Arrangements: Required when sub-contracting is permitted under the framework

Suggested Schedules

1. Schedule 1: Specifications: Detailed technical specifications and service requirements

2. Schedule 2: Pricing Schedule: Detailed pricing structures, rates, and adjustment mechanisms

3. Schedule 3: Service Levels: Detailed service level requirements and measurement criteria

4. Schedule 4: B-BBEE Commitments: Detailed B-BBEE commitments and transformation plans

5. Schedule 5: Call-off Terms: Standard terms and conditions for individual call-off contracts

6. Schedule 6: Order Forms: Standard forms and procedures for placing call-off orders

7. Schedule 7: Reporting Templates: Standard templates for required performance and compliance reporting

8. Schedule 8: Key Personnel: Details of key personnel and their roles

9. Schedule 9: Governance Procedures: Detailed procedures for contract management and oversight

10. Appendix A: Tender Documents: Original tender documents and supplier's response

11. Appendix B: Compliance Certificates: Copies of required compliance certificates and permits

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions


















































Clauses




















































Relevant Industries

Information Technology

Construction

Healthcare

Professional Services

Manufacturing

Transportation

Energy

Telecommunications

Office Supplies

Facilities Management

Security Services

Consulting Services

Education and Training

Environmental Services

Relevant Teams

Legal

Procurement

Supply Chain

Compliance

Government Relations

Contract Management

Finance

Risk Management

Technical Operations

Project Management

Business Development

Public Sector Sales

Relevant Roles

Chief Procurement Officer

Supply Chain Manager

Legal Counsel

Compliance Officer

Contract Manager

Procurement Specialist

Bid Manager

Government Relations Manager

Public Sector Account Manager

Treasury Official

Financial Director

Risk Manager

B-BBEE Manager

Technical Specialist

Project Manager

Industries









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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