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Public Sector Agreement Template for Denmark

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Key Requirements PROMPT example:

Public Sector Agreement

Document background
This Public Sector Agreement template is specifically designed for use by Danish public authorities when contracting with private sector suppliers following a public procurement process. It incorporates requirements from the Danish Public Procurement Act (Udbudsloven), the Public Administration Act (Forvaltningsloven), and relevant EU procurement directives. The document is particularly suitable for high-value contracts above EU thresholds and includes mandatory provisions for public sector transparency, accountability, and data protection. It contains specific clauses addressing public law requirements, state budgetary considerations, and public sector-specific termination rights, while ensuring compliance with both Danish and EU procurement principles.
Suggested Sections

1. Parties: Identification of the public authority and the contractor, including registration numbers and authorized representatives

2. Background: Context of the agreement, reference to the procurement process, and any relevant tender documentation

3. Definitions: Definitions of key terms used throughout the agreement

4. Scope of Agreement: Detailed description of services/goods to be provided, including reference to specifications

5. Duration and Timelines: Contract period, effective date, and any extension options

6. Contractor Obligations: Key responsibilities and deliverables of the contractor

7. Authority Obligations: Key responsibilities of the public authority

8. Pricing and Payment Terms: Pricing structure, payment schedule, invoicing requirements, and budget compliance

9. Performance Standards: Required service levels, KPIs, and quality standards

10. Monitoring and Reporting: Performance monitoring, reporting requirements, and audit rights

11. Compliance and Regulations: Compliance with public procurement law, data protection, and other relevant regulations

12. Personnel and Security: Requirements for staff, security clearances, and confidentiality obligations

13. Intellectual Property Rights: Ownership and usage rights of deliverables and pre-existing materials

14. Liability and Indemnification: Liability limitations and indemnification obligations specific to public sector context

15. Force Majeure: Events outside parties' control and their consequences

16. Termination: Termination rights, including mandatory public sector termination provisions

17. Dispute Resolution: Dispute resolution process, including reference to Danish courts

18. General Provisions: Standard boilerplate clauses adapted for public sector context

Optional Sections

1. Environmental Requirements: Specific environmental standards and green procurement requirements, used when environmental considerations are part of the tender criteria

2. Social Responsibility: Social clause requirements, apprenticeship obligations, used when social requirements were part of the tender

3. Innovation Partnership: Special provisions for innovative solutions development, used in innovation partnership procedures

4. Sub-contractors: Rules regarding sub-contractors, used when sub-contracting is permitted

5. Insurance Requirements: Specific insurance obligations, used for high-risk or high-value contracts

6. Step-in Rights: Authority's right to step in and take over services, used for critical public services

7. Transfer of Employees: TUPE-like provisions, used when employee transfer is involved

8. Emergency Procedures: Special procedures for emergencies, used for critical public services

Suggested Schedules

1. Service Specification: Detailed technical specifications of services/goods as per tender documents

2. Pricing Schedule: Detailed pricing breakdown, including any price adjustment mechanisms

3. Service Levels: Detailed service levels, KPIs, and measurement methodologies

4. Processing of Personal Data: Data processing agreement and procedures compliant with GDPR

5. Staff and Key Personnel: List of key personnel, qualifications, and replacement procedures

6. Implementation Plan: Detailed timeline for implementation and milestone dates

7. Security Requirements: Detailed security procedures and requirements

8. Exit Management: Detailed procedures for contract termination and service transfer

9. Approved Sub-contractors: List of approved sub-contractors and their roles

10. Form of Performance Bond: Template for performance bond if required

11. Change Control Procedure: Detailed process for managing contract changes

12. Tender Response: Contractor's tender response incorporated by reference

Authors

Relevant legal definitions













































Clauses









































Relevant Industries
Relevant Teams
Relevant Roles
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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