Public Sector Agreement for United Arab Emirates

Public Sector Agreement Template for United Arab Emirates

A comprehensive contractual framework governed by UAE federal and emirate-level procurement laws, designed for agreements between government entities and private sector contractors. This document incorporates specific requirements of UAE public procurement regulations, including mandatory Arabic language provisions, local content requirements where applicable, and compliance with federal procurement procedures. It addresses unique aspects of public sector contracting in the UAE, such as government budget cycles, sovereign authority considerations, and specific approval requirements.

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What is a Public Sector Agreement?

This Public Sector Agreement template is specifically designed for use in the United Arab Emirates, serving as a standardized framework for contractual relationships between government entities and private sector contractors. It incorporates essential requirements from Federal Law No. 8 of 2021 (UAE Public Procurement Law) and related regulations, ensuring compliance with government procurement procedures, tender requirements, and contract award processes. The document is particularly relevant for high-value or strategic government procurement initiatives, incorporating necessary provisions for budgetary approvals, performance monitoring, and public accountability. It includes bilingual requirements (Arabic/English), with Arabic being the prevailing language as per UAE law, and addresses specific public sector considerations such as sovereign immunity, government audit rights, and anti-corruption provisions.

What sections should be included in a Public Sector Agreement?

1. Parties: Identification of the government entity and the contractor, including proper legal names, commercial registration details, and authorized signatories

2. Background: Context of the agreement, procurement process reference, and relevant government approvals obtained

3. Definitions and Interpretation: Key terms used in the agreement, interpretation rules, and language precedence (Arabic over English)

4. Scope of Services/Works: Detailed description of services or works to be provided, including specifications and deliverables

5. Duration and Timelines: Contract term, commencement date, completion schedules, and milestone dates

6. Payment Terms: Pricing, payment schedule, invoicing requirements, and government budgetary procedures

7. Contractor Obligations: Key responsibilities, compliance requirements, and performance standards

8. Government Entity Obligations: Responsibilities of the government entity, including approvals and access requirements

9. Performance Monitoring: KPIs, reporting requirements, and performance review mechanisms

10. Warranties and Representations: Standard and specific warranties, including compliance with UAE laws and regulations

11. Liability and Indemnification: Liability limitations, indemnification obligations, and insurance requirements

12. Termination: Termination rights, procedures, and consequences

13. Governing Law and Jurisdiction: UAE law as governing law and jurisdiction of UAE courts

14. General Provisions: Standard boilerplate clauses adapted to UAE law requirements

What sections are optional to include in a Public Sector Agreement?

1. Security Requirements: Required for contracts involving sensitive government data or facilities access

2. Local Content Requirements: Required for contracts subject to UAE local content requirements or Tawteen initiatives

3. Force Majeure: Optional but recommended for long-term or high-value contracts

4. Step-in Rights: Required for critical service contracts where service continuity is essential

5. Intellectual Property Rights: Required when contract involves creation or use of intellectual property

6. Confidentiality and Data Protection: Required when sensitive government information is involved

7. Anti-corruption Provisions: Required for high-value contracts or those with international elements

8. Change Control: Required for complex or long-term service contracts

9. Transition and Exit: Required for complex service contracts requiring handover provisions

What schedules should be included in a Public Sector Agreement?

1. Schedule 1 - Scope of Services: Detailed technical specifications and service requirements

2. Schedule 2 - Pricing and Payment Schedule: Detailed pricing breakdown, payment milestones, and invoicing procedures

3. Schedule 3 - Key Personnel: List of key contractor personnel and their qualifications

4. Schedule 4 - Performance Standards and KPIs: Detailed performance metrics and measurement criteria

5. Schedule 5 - Forms and Templates: Standard forms for reports, invoices, and other routine communications

6. Schedule 6 - Government Furnished Items: List of items, facilities, or information to be provided by the government entity

7. Schedule 7 - Required Insurances: Details of insurance types and coverage levels required

8. Appendix A - Tender Documents: Reference documents from the tender process

9. Appendix B - Contractor's Proposal: Technical and commercial proposals from the procurement process

10. Appendix C - Required Approvals: List of government approvals obtained or required

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Publisher

Genie AI

Document Type

Service Agreement

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Infrastructure

Healthcare

Education

Defense

Transportation

Technology

Construction

Energy

Telecommunications

Environmental Services

Consulting Services

Facilities Management

Security Services

Information Technology

Professional Services

Relevant Teams

Legal

Procurement

Government Relations

Commercial

Operations

Finance

Risk & Compliance

Business Development

Project Management

Technical Operations

Contract Administration

Relevant Roles

Procurement Director

Government Relations Manager

Contract Manager

Legal Counsel

Project Director

Bid Manager

Commercial Director

Compliance Officer

Public Sector Account Manager

Operations Director

Finance Director

Technical Director

Business Development Manager

Risk Manager

General Counsel

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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