This Public Sector Agreement template is specifically designed for use by Danish public authorities when contracting with private sector suppliers following a public procurement process. It incorporates requirements from the Danish Public Procurement Act (Udbudsloven), the Public Administration Act (Forvaltningsloven), and relevant EU procurement directives. The document is particularly suitable for high-value contracts above EU thresholds and includes mandatory provisions for public sector transparency, accountability, and data protection. It contains specific clauses addressing public law requirements, state budgetary considerations, and public sector-specific termination rights, while ensuring compliance with both Danish and EU procurement principles.
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Key Requirements PROMPT example:
Public Sector Agreement
I need a Public Sector Agreement for a Danish municipality's procurement of IT services, including cloud storage and maintenance, with a contract start date of March 1, 2025, that must comply with GDPR and include robust data security provisions.
1. Parties: Identification of the public authority and the contractor, including registration numbers and authorized representatives
2. Background: Context of the agreement, reference to the procurement process, and any relevant tender documentation
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Agreement: Detailed description of services/goods to be provided, including reference to specifications
5. Duration and Timelines: Contract period, effective date, and any extension options
6. Contractor Obligations: Key responsibilities and deliverables of the contractor
7. Authority Obligations: Key responsibilities of the public authority
8. Pricing and Payment Terms: Pricing structure, payment schedule, invoicing requirements, and budget compliance
9. Performance Standards: Required service levels, KPIs, and quality standards
10. Monitoring and Reporting: Performance monitoring, reporting requirements, and audit rights
11. Compliance and Regulations: Compliance with public procurement law, data protection, and other relevant regulations
12. Personnel and Security: Requirements for staff, security clearances, and confidentiality obligations
13. Intellectual Property Rights: Ownership and usage rights of deliverables and pre-existing materials
14. Liability and Indemnification: Liability limitations and indemnification obligations specific to public sector context
15. Force Majeure: Events outside parties' control and their consequences
16. Termination: Termination rights, including mandatory public sector termination provisions
17. Dispute Resolution: Dispute resolution process, including reference to Danish courts
18. General Provisions: Standard boilerplate clauses adapted for public sector context
1. Environmental Requirements: Specific environmental standards and green procurement requirements, used when environmental considerations are part of the tender criteria
2. Social Responsibility: Social clause requirements, apprenticeship obligations, used when social requirements were part of the tender
3. Innovation Partnership: Special provisions for innovative solutions development, used in innovation partnership procedures
4. Sub-contractors: Rules regarding sub-contractors, used when sub-contracting is permitted
5. Insurance Requirements: Specific insurance obligations, used for high-risk or high-value contracts
6. Step-in Rights: Authority's right to step in and take over services, used for critical public services
7. Transfer of Employees: TUPE-like provisions, used when employee transfer is involved
8. Emergency Procedures: Special procedures for emergencies, used for critical public services
1. Service Specification: Detailed technical specifications of services/goods as per tender documents
2. Pricing Schedule: Detailed pricing breakdown, including any price adjustment mechanisms
3. Service Levels: Detailed service levels, KPIs, and measurement methodologies
4. Processing of Personal Data: Data processing agreement and procedures compliant with GDPR
5. Staff and Key Personnel: List of key personnel, qualifications, and replacement procedures
6. Implementation Plan: Detailed timeline for implementation and milestone dates
7. Security Requirements: Detailed security procedures and requirements
8. Exit Management: Detailed procedures for contract termination and service transfer
9. Approved Sub-contractors: List of approved sub-contractors and their roles
10. Form of Performance Bond: Template for performance bond if required
11. Change Control Procedure: Detailed process for managing contract changes
12. Tender Response: Contractor's tender response incorporated by reference
Authors
Relevant legal definitions
Clauses
Relevant Industries
Healthcare
Education
Infrastructure
Information Technology
Environmental Services
Public Transportation
Defense
Social Services
Utilities
Construction
Research and Development
Waste Management
Public Safety
Cultural Services
Administrative Services
Relevant Teams
Legal
Procurement
Compliance
Finance
Operations
Risk Management
Project Management
Quality Assurance
Technical Services
Business Development
Contract Administration
Public Affairs
Information Technology
Audit
Strategic Planning
Relevant Roles
Procurement Manager
Public Sector Contract Manager
Legal Counsel
Compliance Officer
Public Authority Director
Tender Specialist
Project Manager
Risk Manager
Chief Financial Officer
Public Procurement Officer
Contract Administrator
Business Development Manager
Operations Director
Technical Manager
Quality Assurance Manager
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