Administrative Contract Template for Switzerland

The Administrative Contract serves as a fundamental instrument in Swiss public administration for establishing legally binding relationships between public authorities and private entities or other public bodies. This document type is essential when public authorities need to contract for services, works, or other arrangements that serve public interest purposes. The contract must comply with Swiss federal and cantonal administrative law requirements, including public procurement regulations where applicable. Administrative Contracts are particularly important for ensuring transparency, accountability, and proper governance in public-private partnerships, while maintaining the necessary flexibility to accommodate various administrative needs. The document typically includes detailed provisions on performance standards, public oversight, reporting requirements, and specific administrative law remedies.

1. Parties: Identification of the public authority and the private party/parties, including their legal status and authority to contract

2. Background: Context of the administrative contract, including the public interest objectives and legal basis for the agreement

3. Definitions: Definitions of key terms used throughout the contract, including administrative law terminology

4. Subject Matter: Clear description of the administrative services, rights, or obligations being contracted

5. Duration and Termination: Contract term, renewal provisions, and termination conditions, including specific administrative law requirements

6. Rights and Obligations: Detailed description of parties' rights and obligations, including public service requirements

7. Performance Standards: Required quality standards and performance metrics for the contracted services

8. Compensation and Payment Terms: Financial terms, payment schedule, and any public budget considerations

9. Supervision and Control: Public authority's oversight rights and contractor's reporting obligations

10. Liability and Insurance: Allocation of risks and required insurance coverage

11. Dispute Resolution: Procedures for resolving disputes, including administrative law remedies

12. Final Provisions: Governing law, jurisdiction, and formal requirements under Swiss administrative law