Administrative Contract for Switzerland

Administrative Contract Template for Switzerland

A Swiss Administrative Contract is a specialized legal instrument governed by Swiss federal and cantonal administrative law, used to formalize relationships between public authorities and private entities or other public bodies. This document type incorporates specific requirements of Swiss administrative law while maintaining flexibility to address various public service needs. It includes provisions for public interest considerations, regulatory compliance, performance standards, and administrative oversight, while ensuring alignment with Swiss public law principles of transparency, fairness, and public interest.

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What is a Administrative Contract?

The Administrative Contract serves as a fundamental instrument in Swiss public administration for establishing legally binding relationships between public authorities and private entities or other public bodies. This document type is essential when public authorities need to contract for services, works, or other arrangements that serve public interest purposes. The contract must comply with Swiss federal and cantonal administrative law requirements, including public procurement regulations where applicable. Administrative Contracts are particularly important for ensuring transparency, accountability, and proper governance in public-private partnerships, while maintaining the necessary flexibility to accommodate various administrative needs. The document typically includes detailed provisions on performance standards, public oversight, reporting requirements, and specific administrative law remedies.

What sections should be included in a Administrative Contract?

1. Parties: Identification of the public authority and the private party/parties, including their legal status and authority to contract

2. Background: Context of the administrative contract, including the public interest objectives and legal basis for the agreement

3. Definitions: Definitions of key terms used throughout the contract, including administrative law terminology

4. Subject Matter: Clear description of the administrative services, rights, or obligations being contracted

5. Duration and Termination: Contract term, renewal provisions, and termination conditions, including specific administrative law requirements

6. Rights and Obligations: Detailed description of parties' rights and obligations, including public service requirements

7. Performance Standards: Required quality standards and performance metrics for the contracted services

8. Compensation and Payment Terms: Financial terms, payment schedule, and any public budget considerations

9. Supervision and Control: Public authority's oversight rights and contractor's reporting obligations

10. Liability and Insurance: Allocation of risks and required insurance coverage

11. Dispute Resolution: Procedures for resolving disputes, including administrative law remedies

12. Final Provisions: Governing law, jurisdiction, and formal requirements under Swiss administrative law

What sections are optional to include in a Administrative Contract?

1. Public Procurement Compliance: Required when the contract results from a public tender process

2. Data Protection and Confidentiality: Necessary when the contract involves processing of personal data or sensitive information

3. Environmental Requirements: Include when the contract has significant environmental implications

4. Social Standards: Required when the contract involves public service delivery or employment considerations

5. Emergency Provisions: Necessary for contracts involving essential public services

6. Technology and IP Rights: Include when the contract involves software, technology, or intellectual property

7. Subcontracting: Required when subcontracting is permitted under the agreement

What schedules should be included in a Administrative Contract?

1. Service Level Agreement: Detailed performance metrics and quality standards

2. Technical Specifications: Detailed technical requirements and specifications

3. Price Schedule: Detailed breakdown of prices, fees, and payment terms

4. Implementation Timeline: Project milestones and delivery schedules

5. Compliance Requirements: Specific regulatory and administrative requirements

6. Personnel Requirements: Key personnel qualifications and requirements

7. Reporting Templates: Standard forms for required reports and notifications

8. Insurance Requirements: Detailed insurance specifications and certificates

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

Jurisdiction

Switzerland

Publisher

Genie AI

Document Type

Service Agreement

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Public Administration

Healthcare

Education

Infrastructure

Public Transportation

Waste Management

Energy

Environmental Services

Social Services

Public Utilities

Construction

Information Technology

Telecommunications

Relevant Teams

Legal

Compliance

Public Affairs

Government Relations

Operations

Project Management

Business Development

Risk Management

Procurement

Regulatory Affairs

Contract Management

Administrative Services

Relevant Roles

Public Procurement Manager

Legal Counsel

Compliance Officer

Contract Manager

Public Administration Director

Project Manager

Government Relations Manager

Administrative Law Specialist

Public Sector Account Manager

Regulatory Affairs Director

Business Development Manager

Operations Director

Risk Manager

Public Policy Advisor

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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