Procurement Contract Template for Austria

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Key Requirements PROMPT example:

Procurement Contracts

"I need a procurement contract for a software system supply to an Austrian government agency, including maintenance services for 3 years starting March 2025, with specific data protection requirements and regular security updates."

Document background

This Procurement Contract template is designed for use in Austrian public sector purchasing, complying with the Bundesvergabegesetz 2018 (Federal Procurement Act) and relevant EU directives. It serves as a standardized framework for public entities to procure goods, services, or works while ensuring transparency, fair competition, and value for money. The document includes essential provisions for contract formation, performance requirements, payment terms, and compliance obligations specific to Austrian public procurement law. It is particularly useful for contracting authorities and suppliers engaging in public tenders, incorporating necessary safeguards and regulatory requirements while maintaining flexibility for specific procurement needs. The template addresses both domestic and EU-wide procurement thresholds and includes provisions for electronic procurement procedures as required by modern procurement practices.

Suggested Sections

1. Parties: Identification and details of the contracting authority and the supplier

2. Background: Context of the procurement, including reference to any tender process

3. Definitions: Defined terms used throughout the agreement

4. Scope of Supply: Detailed description of goods/services to be provided

5. Contract Price and Payment Terms: Pricing structure, payment schedule, invoicing requirements

6. Delivery and Performance: Delivery terms, timelines, and performance standards

7. Quality Requirements: Quality standards, inspection procedures, and acceptance criteria

8. Warranty and Liability: Warranty terms, liability limitations, and indemnification provisions

9. Compliance Requirements: Regulatory compliance, permits, certifications required

10. Intellectual Property Rights: Ownership and usage rights of IP involved in the procurement

11. Confidentiality: Protection of confidential information and trade secrets

12. Term and Termination: Contract duration, renewal options, and termination conditions

13. Force Majeure: Provisions for unforeseen circumstances and their handling

14. Dispute Resolution: Procedures for handling disputes, applicable law, and jurisdiction

15. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment

Optional Sections

1. Framework Agreement Terms: For contracts establishing a framework agreement with multiple call-offs

2. Environmental Requirements: Specific environmental standards and sustainable procurement requirements

3. Social Responsibility: Labor standards and social responsibility requirements

4. Insurance Requirements: Specific insurance coverage requirements beyond standard provisions

5. Security Requirements: IT security standards for technology-related procurement

6. Performance Bonds: Requirements for performance guarantees or bonds

7. Subcontracting: Terms governing the use and management of subcontractors

8. Training and Support: Requirements for training, maintenance, and ongoing support

Suggested Schedules

1. Technical Specifications: Detailed technical requirements and specifications of goods/services

2. Pricing Schedule: Detailed breakdown of prices, rates, and payment milestones

3. Service Level Agreement: Specific performance metrics and service levels

4. Delivery Schedule: Detailed timeline for deliveries or implementation phases

5. Form of Purchase Order: Template for purchase orders under the agreement

6. Compliance Certificates: Required certificates and compliance documentation

7. Key Personnel: List of key personnel and their roles from both parties

8. Data Processing Agreement: GDPR-compliant data processing terms and conditions

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Public Administration

Construction

Information Technology

Healthcare

Infrastructure

Defense

Education

Transportation

Energy

Environmental Services

Professional Services

Manufacturing

Telecommunications

Relevant Teams

Legal

Procurement

Finance

Operations

Compliance

Risk Management

Supply Chain

Project Management

Public Affairs

Technical Operations

Relevant Roles

Procurement Manager

Legal Counsel

Contract Manager

Public Tender Specialist

Compliance Officer

Project Manager

Finance Director

Supply Chain Manager

Operations Director

Public Administration Officer

Bid Manager

Technical Specialist

Risk Manager

Chief Financial Officer

Chief Legal Officer

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