The Multi Supplier Framework Agreement serves as a strategic procurement instrument designed to streamline the acquisition of goods, services, or works from multiple pre-qualified suppliers. This document type is particularly valuable when organizations need flexibility in supplier selection while maintaining standardized terms and competitive pricing. Used extensively in both public and private sectors in Hong Kong, it establishes a compliant procurement framework that adheres to local regulations while incorporating international best practices. The agreement typically covers an initial period of 3-5 years and includes detailed provisions for call-off procedures, performance monitoring, pricing mechanisms, and supplier rotation. It's especially suitable for organizations dealing with regular procurement needs where having multiple suppliers provides advantages in terms of capacity, specialization, or risk management. The framework structure allows for efficient procurement while ensuring compliance with Hong Kong's legal requirements, including the Competition Ordinance and procurement regulations.
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1. Parties: Identification of the contracting authority and all framework suppliers
2. Background: Context of the framework agreement and its purpose
3. Definitions and Interpretation: Defined terms and interpretation rules for the agreement
4. Framework Structure: Overview of how the framework operates, including term and scope
5. Call-off Procedure: Process for awarding individual contracts under the framework
6. Supplier Obligations: Core obligations of suppliers under the framework
7. Authority Obligations: Core obligations of the contracting authority
8. Prices and Payment: Pricing structure, payment terms, and price adjustment mechanisms
9. Quality and Performance: Quality standards, KPIs, and performance monitoring
10. Supplier Competition and Rotation: Rules for ensuring fair competition between suppliers
11. Intellectual Property: IP rights and obligations under the framework
12. Confidentiality: Confidentiality obligations and information handling
13. Data Protection: Data protection and privacy requirements
14. Liability and Insurance: Liability limitations and insurance requirements
15. Force Majeure: Force majeure provisions and consequences
16. Term and Termination: Duration, renewal, and termination provisions
17. Consequences of Termination: Effects and obligations following termination
18. Dispute Resolution: Process for resolving disputes between parties
19. General Provisions: Standard boilerplate clauses and miscellaneous provisions
1. Framework Guarantee: Required when suppliers must provide performance guarantees
2. Parent Company Guarantee: Needed when supplier financial stability requires additional security
3. Information Security: Required for frameworks involving sensitive data or IT systems
4. Staff and Key Personnel: Needed when specific supplier staff are crucial to performance
5. TUPE Provisions: Required when staff transfers might occur under call-off contracts
6. Business Continuity: Important for critical service frameworks
7. Environmental Requirements: Needed for frameworks with specific sustainability goals
8. Social Value Commitments: Required when social value is a key framework objective
9. Export Control: Needed for frameworks involving international trade
1. Schedule 1 - Specification: Detailed description of goods/services covered by the framework
2. Schedule 2 - Pricing Schedule: Detailed pricing structure and rates
3. Schedule 3 - Call-off Terms and Conditions: Standard terms for individual call-off contracts
4. Schedule 4 - Call-off Forms and Procedure: Template forms and detailed process for call-offs
5. Schedule 5 - KPI and Performance Management: Detailed performance metrics and monitoring process
6. Schedule 6 - Supplier Personnel: Key staff and personnel requirements
7. Schedule 7 - Security Requirements: Detailed security obligations and standards
8. Schedule 8 - Business Continuity and Exit: Detailed continuity and exit management plans
9. Schedule 9 - Processing of Personal Data: Detailed data processing requirements and procedures
10. Appendix 1 - Form of Call-off Contract: Template contract for individual call-offs
11. Appendix 2 - Form of Performance Bond: Template for any required performance bonds
12. Appendix 3 - Service Levels: Detailed service level requirements and measurements
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