Understanding Administrative & Public Works Contracts
Administrative Requirements for Contracts
- Subject: The contract must be concluded by a public entity: state, autonomous bodies, state government, local authorities.
- Purpose: The contract shall be for the organization or operation of a public service.
- Special Status: Criteria for exorbitant clauses (Executive Decision, unilateral interpretation, administrative and technical statements).
- Way: Through an administrative document.
- Jurisdiction: Understanding the litigation that arises is the administrative litigation.
Elements of Administrative Contracts
- Subjective Element: The subjects are: the administration and the contractor.
Administration
Includes 2 aspects:
- 1st – The ability to recruit
- 2nd – The jurisdiction of administrative bodies to conclude contracts
Contractor
Contracting party responsible for carrying out the work or service required by the administration.
Requirements:
- Ability to work
- Not disabled (not convicted or punished)
- Classified as a state contractor
- Objective Element
- Causal Element
- Formal Element
Government contracts shall conform to the principles of openness, competition, equality, and non-discrimination.
Award of Public Contracts
Can be made by open, restricted, or negotiated procedure. In the first 2, it can be made by:
- Auction: Focusing on a number expressed in money; the award should bid the lowest price.
- Competition: The award will be for making the most advantageous proposal, taking into account the criteria of the specifications.
Advisory and Technical Bodies
- The consultation board for administrative contracting
- The recruitment boards in each ministry
- The recruitment tables
Public Register of Contracts: Requirement for registration of contracts for the various organs of government.
Construction Contracts
Those aimed at making a work. Can be:
- Prime establishment, alteration, or major repairs.
- Simple repair, restoration, or rehabilitation.
- Care and Maintenance
- Demolition
(The classification is the same ^)
Steps for Implementation
Project work (design, monitoring, approval, and layout) > contract dossier > award > implementation > price paid to the contractor (as agreed) > reception of the work > start the warranty period
Modification of Contract Works
The administration can make changes that involve:
- Increase, elimination, or reduction of work units covered in the contract.
- Introduction of new construction units
Specific Causes of Termination of Works
- Delay in the layout verification
- Stay in the initiation of works by the Administration within 6 months
- Withdrawal or suspension of work for a period of more than 8 months by the Administration.
- Material errors containing the project and budget involve a deviation of 20%
- Changes in the contract, more or less than 20% of the price.
Award Contract for Public Works
He who seeks the implementation by the licensee of any of the services constituting the contract of work, including restoration and repair of existing buildings, maintenance and upkeep of constructed elements.
Contract Management of Public Services
One for whom the public authorities entrusted to a person, a service management público. Modalities:
- Grant
- Interested management
- Concert
- Society for the mixed economy
Supply Contract
It concerns the purchase, lease, lease with or without an option to purchase or acquire products or property.
Contract Services
Services that are addressed to the entity contratante. Consist in the development of an activity or an outcome different from the work.
Agreement Between the Public and Private Sectors
The management company responsible for the performance of a comprehensive and integrated financing addition to investment in works or supplies including:
- The construction or installation work, equipment, or complex systems, such as maintenance, operation, or management.
- The comprehensive maintenance management of complex installations.
- The production of goods and services that incorporate advanced technology and are economically advantageous.