Tom Holsøe

Tom Holsøe

Partner, Advokat, Kammeraadvokaten, Denmark

The new Danish model contract on the development and delivery of large scale it-systems based on an agile method - experiences, ways of use and models of payment

The Danish Agency of Digitization has published a model contract on the development and delivery of large scale it-systems based on an agile method. The contract was finalized in December 2012 following an extensive hearing process and hence drawing upon the input of a broad range of stakeholders such as governmental agencies, organizations representing the Danish It-business community, the association of Danish IT Attorneys etc. Consequently, the model contract is generally endorsed. It is expected that its use will prove to be extensive, thus making the model contract a standard for large scale agile it-projects in both the public and private sector.

The model contract does not specify a particular agile method to be applied, but is meant to be a neutral framework for various forms of agile development. The contract supports the management of projects in accordance with Prince2 and has been highly inspired by the DSDM Atern framework.

The model contract is supplemented by 16 appendices and a handbook providing guidance and advice. The model contract in itself totals 59 pages, thereby representing a quite comprehensive project regulation. The extensity and complexity of the contract should be seen in light of the large-scale projects the contract is intended to regulate.

The session will review the legal framework of the model contract. Emphasis will be made on how the contract supports the overall control of a large scale project by employing agile principles and techniques. Finally, the experiences of implementing the model contract, ways of use and various models of payment will be reviewed.

Presentation to be downloaded: PDF (0,68 MB)

About Tom Holsøe

Tom Holsøe is partner-in-charge of the Public Procurement and Contract Law department of Kammeradvokaten, head of the IT and Digitization practice and certified IT lawyer.

Tom advises authorities with special requirements in relation to IT projects, including dispute resolution, and his experience in this field includes advice and dispute resolution in the largest public IT projects in Denmark. He engages in advising public authorities with respect to the organization and completion of procurement under the EU public procurement directives. Tom also has extensive experience in the drafting of contracts within a range of fields, including especially IT contracts.

Tom assisted the Danish Agency for Digitization in drafting the model contract on the development and delivery of large scale It-systems based on an Agile Method.