Contract Management and Supply Contracts in Public Services
Implementation of Contract Management Services
General Obligations of the Contractor:
- Provide the agreed service continuity and guarantee individuals the right to use it under the established conditions and through the payment, if any, of the economic consideration, falling within the approved rates.
- Ensure the good order of service; may issue the appropriate instructions.
- Compensate for damage caused to third parties as a result of the operations required for the development of the service, except when damage is produced by causes attributable to the administration.
- Respect the principle of non-discrimination on grounds of nationality in respect of the undertakings of Member States or the European Community that signed the Agreement on Government Procurement of the World Trade Organization, in consequence of supply contracts for the management of public services.
Modification of the Contract and Maintenance of Economic Balance
The Administration may modify, for public interest reasons, the characteristics of the service and the charges to be paid by the users.
Where the amendments affect the financial system of the contract, the Authority shall compensate the contractor.
Service Contract
Service contracts‘ supply contracts are aimed at the acquisition, lease, or rental, with or without an option to purchase, of goods or property.
In any case, the following are considered supply contracts:
- Those in which the employer is obliged to deliver a plurality of goods sequentially at a unit price, without the total amount being accurately defined at the time of signing the contract, deliveries being subordinate to the needs of the acquirer.
- Those aimed at the acquisition and lease of equipment and systems for telecommunications and information processing, devices and programs, and the transfer of the right to use the latter, except for the purchase of computer programs developed to measure, which are to be considered contracts of services.
- The production, by which the thing or things that must be delivered by the employer must be prepared in accordance with specific characteristics set in advance by the procuring entity, even if it is obliged to provide, in whole or in part, the materials needed.
Delivery and Reception
- The contractor shall deliver the goods to supply at the time and place fixed in the contract and in accordance with technical regulations and administrative provisions.
- Whatever the type of supply, the contractor is not entitled to compensation in respect of loss, damage, or injury caused to the goods before delivery to the Authority, unless it has incurred arrears upon receipt.
- When the formal act of receiving the goods, in accordance with the terms of the statement, is after their delivery, the Administration will be responsible for the custody of them during the time between one and another.
- Once received by the Administration, under goods or perishable goods, this will be responsible for their management, use, or revocation, without prejudice to the responsibility of the supplier for the defects or hidden defects thereof.
Payment of the Price
The contractor will be entitled to payment of the price of the goods actually delivered and formally received by the Directors in accordance with the terms of the contract.
Modification of Contract
It is the prerogative of the contracting authority for reasons of public interest after hearing the contractor.