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Framework Contract In Public Procurement Template for Malaysia

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Key Requirements PROMPT example:

Framework Contract In Public Procurement

"I need a Framework Contract in Public Procurement under Malaysian law for the supply of IT hardware and maintenance services to the Ministry of Education, with a three-year term starting March 2025, including provisions for multiple suppliers and mini-competition procedures."

Document background
The Framework Contract in Public Procurement is a crucial instrument in Malaysian government procurement practices, designed to streamline the acquisition of regularly needed goods and services while ensuring value for money and compliance with public procurement regulations. It is utilized when a government entity anticipates recurring procurement needs but cannot specify exact quantities or timing in advance. This document type is governed by Malaysian law, particularly the Financial Procedure Act 1957, Government Contracts Act 1949, and relevant Treasury Instructions. It establishes standardized terms, pricing structures, and quality requirements that apply to subsequent call-off orders, reducing administrative burden and ensuring consistency in procurement practices. The framework is particularly valuable for government entities seeking to maintain efficiency while adhering to transparency and accountability requirements in public spending.
Suggested Sections

1. Parties: Identification of the government entity and the supplier(s), including registration details and authorized signatories

2. Background: Context of the framework agreement, procurement process reference, and tender details

3. Definitions: Definitions of key terms, including 'Call-off Contract', 'Framework Period', 'Services/Goods', 'Specifications'

4. Scope of Framework: Description of goods/services covered, geographical scope, and authorized users of the framework

5. Duration: Term of the framework agreement, including start date, end date, and extension options

6. Operation of the Framework: Procedures for awarding call-off contracts, ordering process, and performance requirements

7. Non-Exclusivity: Clarification that the framework does not guarantee any minimum volume of business

8. Pricing Structure: Pricing mechanism, price adjustments, and payment terms

9. Quality Standards: Required quality standards, performance metrics, and compliance requirements

10. Ordering Procedure: Process for placing orders under the framework, including authorizations and documentation

11. Performance Monitoring: KPIs, reporting requirements, and performance review procedures

12. Confidentiality: Confidentiality obligations and data protection requirements

13. Liability and Insurance: Liability limits, required insurance coverage, and indemnities

14. Termination: Termination rights and procedures, including effects on existing call-offs

15. Dispute Resolution: Dispute resolution procedures compliant with Malaysian government requirements

16. Governing Law: Confirmation of Malaysian law as governing law and jurisdiction

Optional Sections

1. Mini-Competition Procedure: Required when framework includes multiple suppliers and features mini-competitions for call-offs

2. Intellectual Property Rights: Required when framework involves development of materials or software

3. Security Requirements: Required for frameworks involving sensitive government data or facilities access

4. Environmental Requirements: Required when framework includes specific environmental or sustainability requirements

5. Local Content Requirements: Required when framework includes Bumiputera participation requirements

6. Emergency Procedures: Required for frameworks covering essential services or critical supplies

7. Technology Standards: Required for IT or technology-related frameworks

8. Staff Vetting: Required when supplier staff will work in government facilities

Suggested Schedules

1. Schedule 1 - Specifications: Detailed technical specifications of goods/services covered by the framework

2. Schedule 2 - Pricing: Detailed pricing schedules, including any volume discounts or price adjustment mechanisms

3. Schedule 3 - Order Form Template: Standard form for placing call-off orders under the framework

4. Schedule 4 - Performance Standards: Detailed KPIs and service levels

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

6. Schedule 6 - Approved Supplier Personnel: List of key personnel and their qualifications (if applicable)

7. Schedule 7 - Security Requirements: Detailed security procedures and requirements

8. Schedule 8 - Reporting Requirements: Templates and procedures for required reports

9. Appendix A - Tender Documents: Reference to original tender documents and clarifications

10. Appendix B - Supplier's Proposal: Reference to supplier's tender response and commitments

Authors

Alex Denne

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

Relevant legal definitions

































Clauses









































Relevant Industries

Information Technology

Construction

Healthcare

Education

Defense

Transportation

Energy

Telecommunications

Office Supplies

Professional Services

Facilities Management

Manufacturing

Infrastructure

Research and Development

Relevant Teams

Legal

Procurement

Finance

Compliance

Operations

Commercial

Risk Management

Supply Chain

Public Sector Relations

Contract Administration

Business Development

Quality Assurance

Relevant Roles

Procurement Manager

Contract Manager

Legal Counsel

Government Procurement Officer

Supply Chain Manager

Compliance Officer

Finance Director

Project Manager

Bid Manager

Operations Director

Commercial Manager

Risk Manager

Category Manager

Chief Financial Officer

Public Sector Account 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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