Administrative Contract for the Netherlands

Administrative Contract Template for Netherlands

An Administrative Contract under Dutch law (administratiefrechtelijke overeenkomst) is a formal agreement between a public authority and another party (public or private) governed by the principles of Dutch administrative law, particularly the General Administrative Law Act (Awb). This document type is specifically designed to balance public interest considerations with contractual obligations, incorporating both administrative law requirements and general contract principles. It includes detailed provisions for public service delivery, compliance with administrative procedures, and specific public law obligations while maintaining transparency and accountability in government operations.

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What is a Administrative Contract?

Administrative Contracts (administratiefrechtelijke overeenkomsten) are essential instruments in Dutch public administration, used when government bodies enter into formal agreements with other parties. These contracts are particularly relevant when public authorities need to establish binding arrangements for public service delivery, infrastructure projects, or other government functions. The document must comply with the General Administrative Law Act (Awb), the Dutch Civil Code, and relevant public procurement regulations. It's specifically designed to address the unique aspects of government contracting, including public interest considerations, administrative law requirements, and transparency obligations. Administrative Contracts are commonly used for public-private partnerships, service level agreements with public utilities, and other arrangements where public authority powers need to be exercised within a contractual framework.

What sections should be included in a Administrative Contract?

1. Parties: Identification of the administrative body and the private party/parties, including their legal capacity and authority to enter into the agreement

2. Background: Context of the administrative relationship, relevant public interest objectives, and reference to applicable administrative decisions or procedures

3. Definitions: Definitions of key terms, including administrative law-specific terminology and contract-specific definitions

4. Subject Matter and Scope: Clear description of the administrative relationship, services, or obligations being established

5. Legal Framework: Reference to applicable administrative laws, regulations, and guidelines governing the contract

6. Rights and Obligations: Detailed description of rights and obligations of both the administrative body and the private party

7. Performance Standards: Specific requirements and standards for performance, including public service requirements

8. Duration and Termination: Term of the contract, renewal provisions, and termination grounds (both administrative and contractual)

9. Payment and Financial Provisions: Financial arrangements, payment terms, and any public funding considerations

10. Monitoring and Reporting: Requirements for oversight, reporting, and accountability measures

11. Dispute Resolution: Procedures for resolving disputes, including reference to administrative courts where applicable

12. Final Provisions: Governing law, jurisdiction, and other standard closing provisions

What sections are optional to include in a Administrative Contract?

1. Public Procurement Provisions: Required when the contract results from a public tender process, detailing compliance with procurement procedures

2. Data Protection and Privacy: Required when personal data processing is involved, ensuring GDPR compliance

3. Intellectual Property Rights: Needed when the contract involves creation or use of intellectual property

4. Force Majeure and Emergency Provisions: Specific provisions for public service continuity in emergency situations

5. Environmental Requirements: Required when environmental impacts or sustainability requirements are relevant

6. Social Requirements: Needed when social criteria or community impact considerations apply

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

8. Subcontracting: Needed when subcontracting is permitted, including public law requirements for subcontractors

What schedules should be included in a Administrative Contract?

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

2. Technical Specifications: Detailed technical requirements and specifications

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

4. Compliance Requirements: Specific administrative and regulatory compliance requirements

5. Performance Monitoring Framework: Detailed procedures for monitoring and evaluating performance

6. Required Permits and Authorizations: List of necessary administrative permits and authorizations

7. Insurance Requirements: Detailed insurance obligations and coverage requirements

8. Data Processing Agreement: Specific arrangements for personal data processing if applicable

9. Exit Plan: Procedures 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

Jurisdiction

Netherlands

Publisher

Genie AI

Document Type

Service Agreement

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Public Administration

Infrastructure

Healthcare

Education

Public Transport

Waste Management

Social Housing

Environmental Services

Urban Development

Public Utilities

Social Services

Cultural Services

Relevant Teams

Legal Affairs

Public Policy

Procurement

Compliance

Government Relations

Contract Management

Project Management

Risk Management

Administrative Operations

Public Relations

Strategy

Operations

Relevant Roles

Legal Counsel

Public Policy Officer

Contract Manager

Procurement Officer

Compliance Officer

Public Administrator

Project Manager

Municipal Secretary

Department Director

Legal Affairs Manager

Policy Advisor

Government Relations Manager

Administrative Law Specialist

Public Sector Consultant

Risk 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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