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Multi Supplier Framework Agreement

Multi Supplier Framework Agreement Template for Denmark

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Multi Supplier Framework Agreement

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Document background
This Multi Supplier Framework Agreement is designed for organizations seeking to establish a flexible and efficient procurement mechanism with multiple suppliers under Danish law. It is particularly useful when a single supplier cannot meet all requirements or when competition and supply chain resilience are essential. The agreement provides a compliant structure for both public and private sector organizations to manage multiple supplier relationships, defining processes for supplier selection, performance monitoring, and order placement. It includes comprehensive terms covering liability, data protection (under Danish GDPR implementation), intellectual property rights, and dispute resolution. For public sector bodies, it ensures compliance with Udbudsloven and EU procurement directives while providing flexibility for private sector adaptations. The framework typically runs for 2-4 years and can include provisions for adding or removing suppliers during its term.
Suggested Sections

1. Parties: Identification of the contracting authority/customer and details of all initial framework suppliers

2. Background: Context of the framework agreement, its purpose, and general objectives

3. Definitions and Interpretation: Definitions of key terms and interpretation rules, including specific framework-related terminology

4. Framework Structure: Explanation of how the framework operates, including supplier appointment process and term

5. Scope of Framework: Details of goods/services covered by the framework

6. No Guarantee of Work: Clarification that framework does not guarantee any volume of work to suppliers

7. Ordering Process: Procedures for placing orders under the framework, including any mini-competition rules

8. Addition and Removal of Suppliers: Process for adding new suppliers or removing existing ones from the framework

9. Prices and Payment: Pricing structure, payment terms, and price review mechanisms

10. Performance Standards: Required service levels and quality standards applicable to all suppliers

11. Supplier Obligations: General obligations applicable to all framework suppliers

12. Customer Obligations: Obligations of the contracting authority/customer

13. Liability and Insurance: Liability provisions and insurance requirements

14. Intellectual Property Rights: Ownership and usage rights of IP under the framework

15. Confidentiality: Confidentiality obligations and information handling

16. Data Protection: GDPR compliance and data processing obligations

17. Force Majeure: Force majeure provisions and consequences

18. Term and Termination: Duration of framework and termination rights

19. Consequences of Termination: Effects of framework or call-off contract termination

20. Governing Law and Jurisdiction: Confirmation of Danish law governance and jurisdiction

Optional Sections

1. Public Procurement Provisions: Required for public sector frameworks, including specific provisions required by Danish public procurement law

2. Social and Environmental Requirements: For frameworks with specific sustainability or social value requirements

3. Security Requirements: For frameworks involving sensitive information or requiring specific security measures

4. Staff and Key Personnel: For service-based frameworks where specific staff requirements are crucial

5. Framework Management: For complex frameworks requiring dedicated management structure

6. Continuous Improvement: For long-term frameworks where ongoing service/product improvement is required

7. Benchmarking: For frameworks where price/service comparisons with market are required

8. Step-in Rights: For critical services where customer may need to step in

9. Parent Company Guarantee: Where financial security from parent companies is required

Suggested Schedules

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

2. Schedule 2 - Pricing: Detailed pricing structures, including any volume discounts or rate cards

3. Schedule 3 - Ordering Procedure: Detailed procedures for placing and accepting orders

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

5. Schedule 5 - Service Levels: Detailed service level requirements and measurement metrics

6. Schedule 6 - Supplier Accreditation Criteria: Requirements for suppliers to join and remain on the framework

7. Schedule 7 - Performance Security: Forms of any required performance bonds or guarantees

8. Schedule 8 - Processing of Personal Data: Detailed data processing requirements and procedures

9. Schedule 9 - Form of Joining Agreement: Template for new suppliers joining the framework

10. Schedule 10 - Management Information Requirements: Details of required reporting and monitoring information

11. Appendix 1 - Initial Supplier List: List of suppliers appointed at framework commencement

12. Appendix 2 - Form of Bank Guarantee: Standard form for any required bank guarantees

Authors

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Relevant legal definitions
Agreement
Applicable Law
Approved Supplier List
Award Criteria
Background IPR
Breach
Business Day
Call-off Contract
Commencement Date
Commercially Sensitive Information
Confidential Information
Contract Year
Control
Customer
Danish Data Protection Legislation
Data Controller
Data Processor
Data Protection Laws
Data Subject
Direct Award
Dispute Resolution Procedure
Effective Date
Force Majeure Event
Framework Manager
Framework Period
Framework Suppliers
Good Industry Practice
Goods
Group Company
Initial Term
Intellectual Property Rights
Joint Controllers
Key Personnel
Law
Material Breach
Mini-Competition
Mini-Competition Procedure
Month
Order
Order Form
Parent Company
Parent Company Guarantee
Party/Parties
Performance Security
Personal Data
Personal Data Breach
Price(s)
Processing
Prohibited Act
Quality Standards
Relevant Authority
Representatives
Schedule
Services
Service Credits
Service Levels
Special Terms
Specification
Staff
Subcontractor
Supplier
Supplier Personnel
Term
Termination Date
Third Party
TUPE
Variation
VAT
Working Day
Year
Clauses
Definitions and Interpretation
Framework Structure
Appointment of Suppliers
Scope of Framework
Duration
Framework Operation
Mini-Competition Process
Direct Award Process
No Guarantee of Work
Prices and Payment
Invoicing
Value Added Tax
Performance Monitoring
Service Levels
Quality Assurance
Supplier Obligations
Customer Obligations
Records and Audit
Compliance with Laws
Anti-Corruption
Competition Law
Modern Slavery
Environmental Compliance
Health and Safety
Staff and Key Personnel
TUPE
Subcontracting
Supply Chain Protection
Intellectual Property
Data Protection
Confidentiality
Freedom of Information
Publicity
Security Requirements
Insurance
Liability
Force Majeure
Emergency Planning
Step-In Rights
Change Control
Dispute Resolution
Termination Rights
Termination Consequences
Exit Management
Assignment and Novation
Third Party Rights
Severability
Waiver
Entire Agreement
Notices
Governing Law and Jurisdiction
Relevant Industries
Relevant Teams
Relevant Roles
Industries
Danish Public Procurement Act (Udbudsloven): The primary legislation governing public procurement in Denmark, implementing EU Directive 2014/24/EU. This act provides rules for establishing and managing framework agreements, including multi-supplier arrangements.
Danish Contracts Act (Aftaleloven): Governs contract formation, validity, and general contractual principles in Danish law, including rules about offer and acceptance, authority, and invalidity of contracts.
Danish Sale of Goods Act (Købeloven): Regulates the sale of goods between parties, including commercial transactions. Relevant for specific supply arrangements that may be made under the framework agreement.
Danish Data Protection Act (Databeskyttelsesloven): The national implementation of GDPR, governing how personal data must be processed and protected in contractual relationships.
Danish Administration of Justice Act (Retsplejeloven): Contains provisions relevant to dispute resolution and the interpretation of contracts under Danish law.
EU Directive 2014/24/EU: The underlying EU directive on public procurement that has been implemented into Danish law, providing the broader European legal framework for public procurement and framework agreements.
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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