Public Procurement and Administrative Contract Regulations

Classified in Law & Jurisprudence

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Public Works and Infrastructure Categories

1. 1. AVE, 2. Works, 3. Housing, 4. Highways. 3. Schools. 2. 1. EGEVASA, 2. Water, 3. Waste collection, 4. Telefónica.

Supplier Obligations and Contract Procedures

3. The supplier is obliged to deliver goods to be supplied at the time and place fixed in the contract, in accordance with technical requirements and administrative clauses.

5. As supply contracts are typical, they must use open or restricted procedures as a rule.

Grounds for Contract Termination

6.

  • a) The delay in checking the stakeout: The contractor shall be entitled to terminate the contract when the delay in the verification of reconsideration by the Board exceeds one month.
  • b) Suspension of works: The suspension of the commencement of the works for more than six months by the Administration.
  • c) Withdrawal or suspension: The withdrawal or suspension of works for a period exceeding eight months as agreed by the Administration.
  • d) Material errors: Errors contained within the project that constitute a deviation from the budget of 20%.
  • e) Contract changes: Modifications to the contract involving an increase or decrease of more than 20% of the value.

Production and Manufacturing Contracts

8. Production contracts involve items delivered by the employer prepared according to specific characteristics set by the Administration, even if the Administration provides the necessary materials. Examples include contracts by the Ministry of Defence for weapons or the Ministry of the Interior for police uniforms.

Requirements for Public Sector Hiring

10. The requirements for hiring are:

  1. Capacity to act: The employer must be legally capable.
  2. Solvency: Technical and economic-financial solvency.
  3. No disqualifications: People who fulfill any of the prohibited circumstances may not contract with the public sector.

Public Service Management Modalities

11. a) Concession, b) Interested management, c) Concert, d) Mixed economy league.

12. c) The dining room of the institute.

13. b) The construction of a sports center.

Contract Duration and Extensions

14. No, because service contracts cannot last more than four years, although an extension may be scheduled by mutual agreement of the parties before that end, provided that the total duration of the contract, including extensions, does not exceed six years. Exceptionally, the Council of Ministers or the competent regional authority may authorize a longer period for certain contracts or certain categories.

15. b) Management of public services.

17. Yes, because they belong to the government.

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