Public Service Contract Template for England and Wales

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Key Requirements PROMPT example:

Public Service Contract

"I need a Public Service Contract for outsourcing waste management services to a private contractor for my local authority, including specific KPIs for recycling targets and environmental compliance, with service commencement planned for March 2025."

Document background
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.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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

Relevant legal definitions
Clauses
Relevant Industries
Relevant Teams
Relevant Roles
Industries

Public Contracts Regulations 2015: Primary legislation implementing EU Directive 2014/24/EU that governs public procurement procedures, sets out competition requirements and defines contract award criteria

Local Government Act 1999: Establishes Best Value requirements and public authority obligations for local government service provision

Public Services (Social Value) Act 2012: Requires public authorities to consider economic, social, and environmental well-being in procurement, including pre-procurement duties

Freedom of Information Act 2000: Sets out transparency obligations and information disclosure requirements for public bodies

Equality Act 2010: Establishes non-discrimination provisions and public sector equality duty requirements

Modern Slavery Act 2015: Mandates supply chain transparency and anti-slavery requirements in public contracts

Data Protection Act 2018 and UK GDPR: Establishes data protection requirements and privacy obligations for handling personal data

Transfer of Undertakings (Protection of Employment) Regulations 2006: Governs staff transfer provisions and employment protection in service contract transfers (TUPE)

Common Law Principles: Fundamental legal principles covering contract formation, breach of contract, remedies, and interpretation rules

Government Policy Framework: Includes Cabinet Office guidance, Treasury guidelines, and Procurement Policy Notes (PPNs) for public service contracts

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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