The Facilities Management Agreement is essential for organizations requiring professional management of their properties and facilities in Malaysia. This agreement type is commonly used when engaging external service providers to handle various aspects of facility operations, including maintenance, cleaning, security, and other support services. The document must comply with Malaysian legal requirements, including the Contracts Act 1950 and relevant employment and safety regulations. It typically includes detailed service specifications, performance metrics, payment structures, and operational procedures. The agreement is crucial for establishing clear accountability, service standards, and risk allocation between the facility management provider and the property owner or occupier, while ensuring sustainable and efficient facility operations.
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1. Parties: Identification of the service provider and client
2. Background: Context of the agreement and brief description of the facility and services required
3. Definitions and Interpretation: Definitions of key terms and interpretation rules
4. Appointment and Term: Formal appointment of facility manager and duration of agreement
5. Service Provider's Obligations: Core responsibilities and service delivery requirements
6. Client's Obligations: Client's responsibilities and obligations to enable service delivery
7. Performance Standards: Required service levels and performance metrics
8. Fees and Payment: Payment terms, fee structure, and invoicing procedures
9. Staff and Resources: Requirements for personnel, equipment, and resources
10. Health and Safety: Health, safety, and environmental requirements
11. Insurance and Liability: Insurance requirements and liability allocation
12. Termination: Termination rights and procedures
13. Confidentiality: Protection of confidential information
14. Force Majeure: Provisions for unforeseen circumstances
15. Dispute Resolution: Procedures for resolving disputes
16. General Provisions: Standard boilerplate clauses
1. Multi-site Operations: Additional provisions for managing multiple facilities
2. Specialized Equipment Maintenance: Specific provisions for specialized facility equipment
3. Energy Management: Specific provisions for energy efficiency and management
4. Sustainability Requirements: Green building and sustainability obligations
5. Security Services: Specific provisions for security service delivery
6. Emergency Response: Detailed emergency response procedures
7. Technology and Systems: Requirements for facility management software and systems
8. Transition Services: Provisions for handover from previous service provider
9. Asset Management: Specific provisions for asset tracking and management
10. Tenant Interface: Procedures for dealing with building tenants if applicable
1. Schedule 1 - Services Specification: Detailed description of all required services
2. Schedule 2 - Service Levels: Detailed performance metrics and KPIs
3. Schedule 3 - Fee Schedule: Detailed breakdown of fees and payment structure
4. Schedule 4 - Facilities Description: Detailed description of facilities covered
5. Schedule 5 - Equipment Inventory: List of equipment to be maintained
6. Schedule 6 - Staff Requirements: Detailed staffing requirements and qualifications
7. Schedule 7 - Reporting Requirements: Format and frequency of required reports
8. Schedule 8 - Operating Procedures: Standard operating procedures for various services
9. Schedule 9 - Emergency Procedures: Detailed emergency response procedures
10. Schedule 10 - Forms and Templates: Standard forms and templates for reporting and documentation
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