A Government Framework Agreement is a crucial procurement mechanism used in the Irish public sector to establish long-term contractual arrangements with suppliers. It sets out the overarching terms and conditions under which individual contracts (call-offs) can be made throughout the agreement's duration, typically 2-4 years. The framework is designed to comply with Irish public procurement law, EU Directives, and principles of transparency and fair competition. It includes specific provisions for pricing, quality standards, performance monitoring, and procedures for mini-competitions or direct awards. This type of agreement is particularly valuable for public bodies requiring regular procurement of similar goods or services, as it reduces administrative burden while maintaining competitive pressure on suppliers. The document includes comprehensive details about supplier obligations, ordering processes, performance requirements, and remedies for non-compliance.
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1. Parties: Identification of the contracting authority and framework suppliers
2. Background: Context of the framework agreement, including procurement reference and legal basis
3. Definitions and Interpretation: Detailed definitions of terms used throughout the agreement and interpretation rules
4. Framework Structure: Overview of how the framework operates, including duration, scope, and call-off procedures
5. Appointment to Framework: Terms of appointment, ranking/allocation (if applicable), and any award criteria for call-offs
6. Operation of the Framework Agreement: Procedures for mini-competitions, direct awards, and ordering processes
7. Framework Supplier Obligations: Core obligations, performance standards, and compliance requirements
8. Contracting Authority Obligations: Authority's commitments, responsibilities, and administration duties
9. Prices and Payment: Pricing mechanism, payment terms, and price adjustment provisions
10. Quality Assurance and Performance Monitoring: Quality standards, KPIs, and performance review processes
11. Intellectual Property Rights: IP ownership, licenses, and usage rights
12. Data Protection and Security: GDPR compliance, data handling, and security requirements
13. Confidentiality: Confidentiality obligations and permitted disclosures
14. Liability and Insurance: Liability limitations, indemnities, and insurance requirements
15. Framework Termination: Termination rights, consequences, and exit management
16. General Provisions: Standard boilerplate clauses including governing law and jurisdiction
1. Social Value Commitments: Optional section for specific social value commitments, used when the framework includes social value requirements
2. Environmental Requirements: Optional section for environmental standards and sustainability commitments, used for environmentally sensitive contracts
3. Security Requirements: Optional section for additional security measures, used for frameworks involving sensitive information or critical infrastructure
4. Staff and Key Personnel: Optional section for specific staffing requirements, used when service delivery depends on key individuals
5. Technology Standards: Optional section for IT and technology requirements, used for technology-related frameworks
6. Business Continuity: Optional section for detailed business continuity requirements, used for critical service frameworks
1. Schedule 1 - Specification: Detailed description of goods/services covered by the framework
2. Schedule 2 - Framework Prices: Pricing schedules, rate cards, and price adjustment mechanisms
3. Schedule 3 - Award Criteria: Criteria and methodology for awarding call-off contracts
4. Schedule 4 - Call-off Terms and Conditions: Standard terms and conditions for call-off contracts
5. Schedule 5 - Call-off Procedure: Detailed procedures for conducting mini-competitions and direct awards
6. Schedule 6 - Performance Monitoring: KPIs, service levels, and monitoring procedures
7. Schedule 7 - Framework Supplier Personnel: Key personnel requirements and vetting procedures
8. Schedule 8 - Insurance Requirements: Detailed insurance requirements and minimum coverage levels
9. Schedule 9 - Data Protection Requirements: Detailed GDPR and data protection obligations
10. Schedule 10 - Exit Management: Procedures and requirements for framework exit
11. Appendix 1 - Form of Call-off Contract: Template call-off contract document
12. Appendix 2 - Framework Supplier List: List of appointed suppliers and their rankings (if applicable)
13. Appendix 3 - Processing, Personal Data and Data Subjects: Detailed data processing specifications and requirements
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