This Procurement Service Level Agreement template is designed for use in Austrian jurisdiction, complying with both Austrian Federal Procurement Act 2018 and relevant EU procurement directives. It serves as a critical document for organizations seeking to establish clear, measurable service standards and delivery requirements in their procurement relationships. The agreement is particularly valuable for complex service procurement scenarios where detailed performance metrics and service levels need to be defined and monitored. It includes comprehensive provisions for service delivery, performance measurement, pricing, governance, and compliance with Austrian and EU regulations. This document type is essential for both public and private sector organizations engaging in significant service procurement activities, especially where regulatory compliance and performance monitoring are crucial.
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1. Parties: Identification of the contracting parties - the service provider and the contracting authority
2. Background: Context of the procurement and service relationship, including reference to any tender process
3. Definitions: Detailed definitions of terms used throughout the agreement
4. Scope of Services: Detailed description of services to be provided, including specific deliverables and requirements
5. Service Levels: Specific performance metrics, KPIs, and minimum service levels to be maintained
6. Performance Monitoring: Procedures for monitoring and reporting on service performance
7. Pricing and Payment Terms: Detailed fee structure, payment schedule, and invoicing procedures
8. Term and Termination: Duration of the agreement, renewal options, and termination conditions
9. Governance and Change Management: Management structure, escalation procedures, and process for implementing changes
10. Data Protection and Security: Obligations regarding data protection under GDPR and Austrian law
11. Confidentiality: Provisions for handling confidential information
12. Liability and Indemnification: Allocation of risks and responsibilities between parties
13. Force Majeure: Provisions for handling events beyond reasonable control
14. Dispute Resolution: Procedures for resolving disputes under Austrian law
15. General Provisions: Standard legal provisions including notices, amendments, and governing law
1. Transition Services: Include when there is a transition from an existing service provider or system
2. Business Continuity: Include for critical services requiring specific continuity arrangements
3. Intellectual Property Rights: Include when the services involve creation or use of intellectual property
4. Environmental Requirements: Include when environmental standards or sustainability requirements apply
5. Social Value Commitments: Include when specific social value or community benefit requirements apply
6. Anti-Corruption Compliance: Include for high-value contracts or when dealing with public sector
7. Subcontractor Management: Include when subcontractors will be involved in service delivery
8. Innovation and Continuous Improvement: Include when ongoing service improvement is a key requirement
1. Schedule 1 - Service Description: Detailed technical specifications and service requirements
2. Schedule 2 - Service Levels and KPIs: Detailed metrics, measurement methods, and reporting requirements
3. Schedule 3 - Pricing Schedule: Detailed breakdown of prices, rates, and payment mechanisms
4. Schedule 4 - Implementation Plan: Timeline and milestones for service implementation
5. Schedule 5 - Personnel and Key Contacts: List of key personnel and their roles
6. Schedule 6 - Security Requirements: Detailed security protocols and requirements
7. Schedule 7 - Exit Management: Procedures for contract termination and service transition
8. Schedule 8 - Form of Reports: Templates and formats for required service reports
9. Appendix A - Technical Infrastructure: Technical specifications and infrastructure requirements
10. Appendix B - Data Processing Agreement: GDPR-compliant data processing terms and conditions
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