Public Sector Agreement for Malta
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Public Sector Agreement
"I need a Public Sector Agreement under Maltese law for a 3-year IT services contract between the Ministry of Health and a software provider, with specific provisions for data protection and system security, to commence on March 1, 2025."
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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
Authors
Applicable Law
Authorised Representatives
Background IP
Business Day
Commencement Date
Confidential Information
Contract Period
Contracting Authority
Contractor
Data Protection Laws
Deliverables
Dispute
Documentation
Effective Date
Force Majeure Event
GDPR
Good Industry Practice
Goods
Government Entity
Intellectual Property Rights
Key Personnel
KPIs
Material Breach
Milestone
Notice
Personal Data
Procurement Regulations
Project Plan
Public Sector Body
Purchase Order
Quality Standards
Regulatory Bodies
Related Agreements
Relevant Authority
Schedule
Service Credits
Service Levels
Services
Specification
Staff
Subcontractor
Term
Termination Date
Third Party
VAT
Working Hours
Payment Terms
Duration and Extension
Performance Standards
Compliance with Laws
Data Protection
Confidentiality
Intellectual Property
Personnel and Staffing
Subcontracting
Audit Rights
Record Keeping
Monitoring and Reporting
Change Control
Force Majeure
Termination
Exit Management
Dispute Resolution
Anti-Corruption
Insurance
Liability and Indemnification
Security Requirements
Environmental Compliance
Health and Safety
Social Value
Public Procurement Compliance
Governance
Business Continuity
Quality Assurance
Transparency
Assignment and Novation
Notices
Entire Agreement
Severability
Variation
Governing Law
Jurisdiction
Public Administration
Healthcare
Education
Infrastructure
Information Technology
Transportation
Energy
Environmental Services
Defense
Social Services
Telecommunications
Construction
Professional Services
Waste Management
Security Services
Legal
Procurement
Compliance
Finance
Operations
Business Development
Project Management
Risk Management
Government Relations
Commercial
Technical Services
Contract Administration
Bid Management
Procurement Manager
Contract Manager
Legal Counsel
Public Sector Director
Compliance Officer
Tender Coordinator
Project Manager
Chief Financial Officer
Operations Director
Business Development Manager
Bid Manager
Government Relations Manager
Risk Manager
Commercial Director
Technical Director
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