The Administrative Contract serves as a fundamental instrument in Swiss public administration for establishing legally binding relationships between public authorities and private entities or other public bodies. This document type is essential when public authorities need to contract for services, works, or other arrangements that serve public interest purposes. The contract must comply with Swiss federal and cantonal administrative law requirements, including public procurement regulations where applicable. Administrative Contracts are particularly important for ensuring transparency, accountability, and proper governance in public-private partnerships, while maintaining the necessary flexibility to accommodate various administrative needs. The document typically includes detailed provisions on performance standards, public oversight, reporting requirements, and specific administrative law remedies.
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1. Parties: Identification of the public authority and the private party/parties, including their legal status and authority to contract
2. Background: Context of the administrative contract, including the public interest objectives and legal basis for the agreement
3. Definitions: Definitions of key terms used throughout the contract, including administrative law terminology
4. Subject Matter: Clear description of the administrative services, rights, or obligations being contracted
5. Duration and Termination: Contract term, renewal provisions, and termination conditions, including specific administrative law requirements
6. Rights and Obligations: Detailed description of parties' rights and obligations, including public service requirements
7. Performance Standards: Required quality standards and performance metrics for the contracted services
8. Compensation and Payment Terms: Financial terms, payment schedule, and any public budget considerations
9. Supervision and Control: Public authority's oversight rights and contractor's reporting obligations
10. Liability and Insurance: Allocation of risks and required insurance coverage
11. Dispute Resolution: Procedures for resolving disputes, including administrative law remedies
12. Final Provisions: Governing law, jurisdiction, and formal requirements under Swiss administrative law
1. Public Procurement Compliance: Required when the contract results from a public tender process
2. Data Protection and Confidentiality: Necessary when the contract involves processing of personal data or sensitive information
3. Environmental Requirements: Include when the contract has significant environmental implications
4. Social Standards: Required when the contract involves public service delivery or employment considerations
5. Emergency Provisions: Necessary for contracts involving essential public services
6. Technology and IP Rights: Include when the contract involves software, technology, or intellectual property
7. Subcontracting: Required when subcontracting is permitted under the agreement
1. Service Level Agreement: Detailed performance metrics and quality standards
2. Technical Specifications: Detailed technical requirements and specifications
3. Price Schedule: Detailed breakdown of prices, fees, and payment terms
4. Implementation Timeline: Project milestones and delivery schedules
5. Compliance Requirements: Specific regulatory and administrative requirements
6. Personnel Requirements: Key personnel qualifications and requirements
7. Reporting Templates: Standard forms for required reports and notifications
8. Insurance Requirements: Detailed insurance specifications and certificates
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