Public Service Contract Template for Belgium

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Key Requirements PROMPT example:

Public Service Contract

"I need a Public Service Contract for IT infrastructure management services to be provided to the Belgian Federal Public Service Finance department, starting from March 2025, with specific provisions for data security and GDPR compliance."

Document background
The Public Service Contract is a fundamental instrument in Belgian public procurement, used when government entities or public institutions need to engage external providers for service delivery. It is governed by the Belgian Law of 17 June 2016 on public procurement, which implements EU Directive 2014/24/EU, along with various Royal Decrees that provide detailed implementation rules. This document type is essential when public authorities need to procure services ranging from consulting and IT services to facility management and public utilities. The contract must incorporate specific requirements for transparency, accountability, and value for money, while ensuring compliance with linguistic laws and administrative procedures. It includes provisions for performance monitoring, reporting requirements, and specific public sector obligations, making it distinct from private sector service agreements.
Suggested Sections

1. Parties: Identification of the contracting authority and the service provider, including registration details and authorized representatives

2. Background: Context of the procurement, reference to the tender procedure, and relevant procurement decisions

3. Definitions: Definitions of key terms used throughout the contract, including specific public procurement terminology

4. Subject Matter and Scope: Detailed description of the services to be provided, including specific deliverables and performance indicators

5. Duration and Timeline: Contract duration, start date, and any renewal options as permitted under procurement law

6. Financial Provisions: Pricing, payment terms, invoicing requirements, and indexation mechanisms if applicable

7. Performance Standards: Quality standards, performance metrics, and monitoring mechanisms

8. Contractor Obligations: Core obligations, compliance requirements, and specific public service requirements

9. Contracting Authority Obligations: Obligations of the public entity, including provision of information and cooperation

10. Monitoring and Reporting: Reporting requirements, review meetings, and performance evaluation procedures

11. Personnel Requirements: Staff qualifications, security clearances, and linguistic requirements

12. Data Protection and Confidentiality: GDPR compliance, handling of confidential information, and public sector specific requirements

13. Liability and Insurance: Liability provisions, required insurance coverage, and indemnification

14. Force Majeure: Definition and consequences of force majeure events in public service context

15. Modification and Variation: Procedures for contract modifications within procurement law limitations

16. Termination: Termination grounds, procedures, and consequences, including specific public procurement provisions

17. Dispute Resolution: Dispute resolution procedures, applicable law, and competent courts

18. General Provisions: Standard clauses including notices, severability, and entire agreement

Optional Sections

1. Intellectual Property Rights: Required when the services involve creation of intellectual property or use of existing IP

2. Subcontracting: Include when subcontracting is permitted under the contract

3. Social and Environmental Clauses: Include when specific social or environmental requirements apply to the contract

4. Security Requirements: Required for contracts involving sensitive information or critical infrastructure

5. Transfer of Assets: Include when the service involves management or transfer of public assets

6. Emergency Procedures: Required for essential public services or critical operations

7. Training and Knowledge Transfer: Include when service provider must train government staff or transfer knowledge

8. Transition Arrangements: Required for complex services requiring handover periods

Suggested Schedules

1. Service Specifications: Detailed technical specifications of the services to be provided

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

3. Service Levels: Specific service levels, KPIs, and associated penalties/rewards

4. Staff and Key Personnel: Details of key staff, qualifications, and roles

5. Processing Agreement: GDPR-compliant data processing terms if personal data is processed

6. Security Requirements: Detailed security protocols and requirements

7. Tender Documents: Reference documents from the procurement procedure

8. Implementation Plan: Detailed timeline and milestones for service implementation

9. Reporting Templates: Standard forms and templates for required reporting

10. Exit Plan: Procedures and requirements for contract termination and service transition

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

Relevant legal definitions
Clauses
Relevant Industries

Public Administration

Healthcare

Education

Public Transportation

Waste Management

Energy

Water Supply

Social Services

Environmental Services

Information Technology

Infrastructure

Public Safety

Cultural Services

Urban Development

Research and Development

Relevant Teams

Legal

Procurement

Public Sector Relations

Compliance

Operations

Finance

Risk Management

Business Development

Project Management

Technical Services

Government Affairs

Contract Administration

Relevant Roles

Procurement Officer

Public Sector Contract Manager

Legal Counsel

Compliance Officer

Public Administration Director

Project Manager

Bid Manager

Government Relations Manager

Public Sector Account Executive

Contract Administrator

Public Policy Director

Risk Manager

Financial Controller

Operations Director

Technical Services Manager

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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