This Public Sector Agreement template is essential for formalizing contractual relationships between Maltese government entities and private sector providers. It is specifically designed to comply with Malta's Public Procurement Regulations (S.L. 601.03) and the broader EU procurement framework. The document should be used for all significant public sector procurements in Malta, whether for goods, services, or works. It incorporates mandatory public law elements, including transparency requirements, audit rights, and anti-corruption provisions, while maintaining commercial flexibility. The agreement template is regularly updated to reflect changes in both EU and Maltese procurement legislation, ensuring current best practices in public sector contracting.
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1. Parties: Identification of the contracting public entity and the contractor, including registration details and authorized representatives
2. Background: Context of the agreement, including reference to any procurement process and legal basis for the contract
3. Definitions: Definitions of key terms used throughout the agreement, including references to relevant legislation
4. Scope of Services/Goods: Detailed description of the services or goods to be provided, including deliverables and performance standards
5. Duration and Timelines: Contract term, commencement date, and any key milestone dates
6. Payment Terms: Payment structure, amounts, invoicing procedures, and payment schedules
7. Performance Monitoring: KPIs, reporting requirements, and performance review mechanisms
8. Compliance Requirements: Obligations regarding laws, regulations, and public sector policies
9. Data Protection and Confidentiality: GDPR compliance and handling of confidential information
10. Record Keeping: Requirements for maintaining records and documentation
11. Audit Rights: Government audit provisions and access to information rights
12. Termination: Termination grounds, procedures, and consequences
13. Dispute Resolution: Procedures for resolving disputes, including jurisdiction clauses
14. General Provisions: Standard boilerplate clauses including notices, amendments, and governing law
1. Staff and Personnel: Required for service contracts involving key personnel or staff transfers
2. Intellectual Property Rights: Needed when the contract involves creation or use of IP
3. Security Requirements: For contracts involving sensitive information or access to government facilities
4. Business Continuity: Required for critical services or high-value contracts
5. Environmental Requirements: For contracts with environmental impact or sustainability requirements
6. Social Value Commitments: When the contract includes social value or community benefit obligations
7. Anti-Corruption Provisions: Enhanced provisions for high-value or sensitive contracts
8. Subcontracting: When subcontracting is permitted under the agreement
9. Change Control: For long-term or complex contracts requiring formal change procedures
1. Schedule 1 - Service Specifications: Detailed technical specifications of services or goods
2. Schedule 2 - Pricing and Payment: Detailed pricing structure, rates, and payment mechanisms
3. Schedule 3 - Service Levels: Specific performance metrics and service level requirements
4. Schedule 4 - Implementation Plan: Detailed timeline for service/goods delivery and implementation
5. Schedule 5 - Key Personnel: Details of key staff and their roles
6. Schedule 6 - Processing of Personal Data: GDPR-compliant data processing details
7. Schedule 7 - Exit Management: Procedures for contract termination and service transition
8. Schedule 8 - Governance and Reporting: Detailed reporting requirements and governance structure
9. Appendix A - Form of Performance Bond: Standard form for any required performance guarantees
10. Appendix B - Required Insurance: Details of insurance requirements and minimum coverage
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