The State Price Agreement is a crucial instrument in Austrian public procurement, designed to streamline government purchasing processes and ensure value for money. This document type is typically used when public sector organizations need to establish long-term pricing arrangements with suppliers for regularly purchased goods or services. It sets out standardized terms, pricing structures, and ordering procedures that comply with Austrian procurement law, particularly the Federal Procurement Act (BVergG). The agreement helps reduce administrative burden, ensures pricing consistency, and maintains compliance with public sector procurement requirements. It's particularly valuable for recurring purchases and when multiple government departments or agencies need access to the same supplier under consistent terms. The document incorporates necessary safeguards for public funds, transparency requirements, and audit provisions as required under Austrian law.
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1. Parties: Identification of the contracting authority and the supplier, including their legal status and authority to contract
2. Background: Context of the agreement, reference to the procurement process, and statutory basis
3. Definitions and Interpretation: Definitions of key terms and rules of interpretation
4. Scope of Agreement: Details of products/services covered and the nature of the pricing arrangement
5. Duration and Term: Initial term and any extension provisions
6. Pricing Structure: Agreed prices, pricing mechanisms, and adjustment provisions
7. Ordering Process: Procedures for placing orders under the agreement
8. Quality and Performance Standards: Required quality levels and performance metrics
9. Delivery and Acceptance: Terms for delivery, inspection, and acceptance of goods/services
10. Payment Terms: Invoice requirements, payment timeframes, and late payment provisions
11. Compliance Requirements: Obligations regarding laws, regulations, and public procurement rules
12. Record Keeping and Audit: Requirements for maintaining records and allowing audits
13. Confidentiality: Provisions for handling confidential information
14. Termination: Grounds and procedures for termination
15. Dispute Resolution: Procedures for resolving disputes
16. General Provisions: Standard legal provisions including notices, amendments, and governing law
1. Framework Conditions: Used when the agreement is part of a larger framework arrangement
2. Volume Commitments: Include when there are minimum or maximum purchase obligations
3. Environmental Requirements: Used when specific environmental standards or sustainability requirements apply
4. Social Value Provisions: Include when there are specific social value or community benefit requirements
5. Security Requirements: Used for agreements involving sensitive information or critical infrastructure
6. Innovation and Development: Include when the agreement includes provisions for product/service development
7. Intellectual Property Rights: Used when IP rights are relevant to the supplied goods/services
8. Data Protection: Include when personal data processing is involved
9. Business Continuity: Used for critical supplies requiring continuity planning
1. Schedule 1 - Pricing Schedule: Detailed pricing tables, including any volume discounts or special pricing arrangements
2. Schedule 2 - Specification: Detailed technical specifications of goods/services covered by the agreement
3. Schedule 3 - Service Levels: Specific performance metrics and service level requirements
4. Schedule 4 - Ordering Procedure: Detailed procedures and forms for placing orders
5. Schedule 5 - Key Personnel: List of key contacts and responsible personnel from both parties
6. Schedule 6 - Compliance Requirements: Detailed compliance obligations and reporting requirements
7. Appendix A - Standard Forms: Templates for orders, reports, and other standard documentation
8. Appendix B - Change Control Procedure: Process for managing changes to the agreement or specifications
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