The Administrative Contract under Maltese law serves as a crucial instrument for formalizing relationships between public authorities and private entities in Malta. This document type is essential when government bodies or public authorities engage in procurement, service agreements, or administrative arrangements with private sector contractors. It must comply with the Public Administration Act, Public Procurement Regulations, and relevant EU directives. The Administrative Contract includes specific provisions for public interest protection, transparency, and accountability, distinguishing it from standard commercial contracts. It is particularly relevant for public tenders, government services outsourcing, and public-private partnerships, incorporating necessary safeguards for public funds and interests while ensuring fair treatment of private contractors.
Administrative Contract for Malta
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Administrative Contract
"I need a Maltese Administrative Contract for procuring IT infrastructure services from a private contractor for the Ministry of Health, with implementation starting March 2025, including specific provisions for data protection and system security requirements."
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1. Parties: Identification of the contracting public authority and the contractor, including registration details and authorized representatives
2. Background: Context of the administrative contract, including reference to any public tender or selection process
3. Definitions: Definitions of key terms used throughout the contract, including specific administrative and technical terminology
4. Legal Basis: Reference to relevant legislation and regulatory framework governing the contract
5. Scope of Services/Works: Detailed description of the administrative services, works, or goods to be provided
6. Duration and Timelines: Contract period, key milestones, and any provisions for extension
7. Financial Provisions: Payment terms, pricing, and financial procedures compliant with public procurement rules
8. Performance Standards: Required quality standards and performance indicators
9. Monitoring and Reporting: Procedures for oversight, reporting requirements, and performance evaluation
10. Public Authority Rights and Obligations: Specific rights and obligations of the public authority
11. Contractor Rights and Obligations: Specific rights and obligations of the contractor
12. Data Protection and Confidentiality: Provisions for handling sensitive information and compliance with GDPR
13. Termination Provisions: Grounds and procedures for contract termination
14. Dispute Resolution: Procedures for handling disputes, including administrative review processes
15. General Provisions: Standard clauses including notices, amendments, and governing law
1. Public Interest Safeguards: Additional provisions protecting public interest, used when contract involves essential public services
2. Environmental Requirements: Specific environmental obligations, included when contract has environmental impact
3. Social Value Provisions: Requirements for social value delivery, used in contracts with community impact
4. Security Requirements: Special security provisions, included for sensitive or critical infrastructure contracts
5. Innovation and Development: Provisions for technological innovation, used in research or development-focused contracts
6. Emergency Provisions: Special procedures for emergency situations, included in critical service contracts
7. EU Funding Requirements: Special provisions for EU-funded projects, included when EU funding is involved
8. Subcontracting: Rules for subcontracting, included when subcontracting is permitted
1. Schedule 1 - Technical Specifications: Detailed technical requirements and specifications
2. Schedule 2 - Price Schedule: Detailed breakdown of prices, rates, and payment mechanisms
3. Schedule 3 - Performance Indicators: Specific KPIs and measurement criteria
4. Schedule 4 - Service Level Agreement: Detailed service levels and related penalties/rewards
5. Schedule 5 - Implementation Plan: Detailed timeline and milestones for contract implementation
6. Schedule 6 - Personnel Requirements: Key personnel requirements and qualifications
7. Schedule 7 - Compliance Requirements: Specific regulatory and compliance requirements
8. Appendix A - Required Forms: Standard administrative forms and templates
9. Appendix B - Risk Register: Identification and allocation of key risks
10. Appendix C - Quality Management Plan: Quality assurance and control procedures
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Procurement Manager
Public Sector Administrator
Contract Manager
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Compliance Officer
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Public Authority Director
Tender Specialist
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Administrative Services Manager
Public Policy Officer
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Financial Controller
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