The provisions are intended to complement existing transparency and freedom of information clauses already in the Model Services Contract.
The following section presents the set of standardised transparency provisions that the Institute for Government recommends for inclusion in the Government's existing Model Services Contract1 and, potentially, other large service contracts. The recommendations include:
• Amendments to the existing transparency provisions in the Government's Model Services Contract
• Suggestions for a new linked schedule and accompanying annex.
As a package, the provisions broadly set out the terms for deciding what information would be published as well as how, when, in what format, and by whom it should be published. They also set the terms for how and when the contracting authority is obliged to consult with the supplier on publication and vice versa.
The provisions are intended to complement existing confidentiality and freedom of information clauses already in the Model Services Contract. Public authorities will still be obliged to fulfil their obligations under the Freedom of Information Act, including publishing information in accordance with their publication schemes.
These provisions were drafted with independent legal guidance and input from legal teams representing both government departments and providers. Nonetheless, it is expected that some tailoring may be required for the provisions to be neatly integrated into the existing model services contract.
Finally, the provisions presented here reflect a broad endorsement from the taskforce and represent the best solution after having taken in the wide-range of input, advice and legitimate concerns of the taskforce members.
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1 The Model Services Contract is a set of model terms and conditions for major services contracts over £10 million. They were developed by the Crown Commercial Service and Government Legal Service and are intended for use by government departments and many other public sector organizations.