Public Service Contracts are essential instruments in the modern public sector landscape, used when public authorities outsource service delivery to external providers. These contracts, governed by English and Welsh law, must comply with the Public Contracts Regulations 2015 and incorporate specific public sector requirements including transparency, accountability, and social value considerations. A Public Service Contract typically results from a formal procurement process and includes detailed provisions for service delivery, performance monitoring, and public sector-specific obligations. It's designed to protect public interests while ensuring efficient and effective service delivery.
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1. 1. Parties: Identification of the contracting authority and service provider
2. 2. Background: Context of the agreement and procurement process followed
3. 3. Definitions and Interpretation: Key terms and interpretation principles
4. 4. Term and Extension: Duration of the contract and extension provisions
5. 5. Services: Detailed description of services to be provided
6. 6. Payment Terms: Pricing, payment mechanism and invoicing
7. 7. Performance Management: KPIs, monitoring and reporting requirements
8. 8. Compliance and Regulation: Regulatory compliance obligations
9. 9. Termination: Termination rights and consequences
1. TUPE Provisions: Required when staff transfers are involved - includes details of transferring employees and associated obligations
2. Step-in Rights: Provisions allowing authority to take over services in critical situations - typically used for essential public services
3. Parent Company Guarantee: Additional financial security provisions when service provider is subsidiary of larger organization
1. Schedule 1 - Service Specification: Detailed description of services and performance standards
2. Schedule 2 - Pricing Schedule: Detailed pricing mechanism and payment calculations
3. Schedule 3 - Performance Indicators: KPIs and measurement methodology
4. Schedule 4 - TUPE Information: Staff information and transfer arrangements
5. Schedule 5 - Processing of Personal Data: Data protection obligations and procedures
6. Schedule 6 - Exit Management: Procedures for contract termination and service transition
7. Schedule 7 - Insurance Requirements: Required insurance types and levels
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