Public Sector Contracts: Law 30/2007
Public Sector Contracts: Law 30/2007
These contracts are agreements between parties recognized by law and intended to produce legal effects.
The contract in the public sector is done by the Administration to ensure the functioning of a public service governed by special rules than those applicable to relations between individuals, and the rules affecting the form of contracts, the powers of the Administration, the powers granted to the contractors and within the jurisdiction.
The contracts included in the Act are:
- Construction contract management, utilities, supplies, contracts held with individuals to perform specific jobs and contracts unusual.
This law arises from the need to incorporate into Spanish law the EU Directive 18/2004.
The purpose of this law on public sector contracts in accordance with its article 1, is to regulate the public sector procurement, ensuring that they conform to the principles of freedom of access to tenders, advertising and selection of the most economically advantageous effects, compliance and termination of government contracts.
The structure of this new law is new from the previous, is structured in a preliminary title and 5 books, not as the previous one had 2 books, the first with general rules and the second with specific rules applicable to each type of contract.
Chapter 1. Scope of the Law
Article 2 defines the scope of the law, “are public sector contracts and are under submission onerous contracts, whatever their legal nature, concluded by the authorities, agencies and entities listed in article 3 (state administration, autonomous communities, local government, mutuals, foundations are tb …).”
Subjects, the contracts supported by the authorities, agencies and entities of the public sector holding other natural or legal persons in cases provided for in art7 and public works contracts in the cases of art 250.
The application of this law to contracts entered into by autonomous communities and entities that integrate local government or the dependents of those, as well as subsidized by these entities shall be made within the terms stipulated in 7.
Chapter 2. Contracts
Article 4 defines and regulates contracts, defines the types of contracts.
Contracts for the execution of works: who are those aimed at the realization of a work or performance of any work enumerated in the law, or relationship by any means a work that meets the requirements specified by the contracting public entity. In addition, the contract may include the drafting of concession contracts.
Public works is a contract that aims to performance by the licensee of some of the benefits referred to in Article 6, including restoration and repair of existing buildings and the preservation and maintenance of the elements and the consideration may be the right to exploit the work or receive a price.
Contracts for the management of public services: the one under which a public authority entrusts to a person or entity, the management of a service whose provision has been assumed by the ADMINISTRATION.
Supply contracts, which aims to acquisition, leasing, with or without an option to purchase products or commodities muebles.
Service contracts, which are consistent features to make development of an activity or aimed at obtaining a different result of a work or supply. These are divided according to their characteristics.
The novelty of this law are contracts of collaboration between public and private sector: those in which an administration charge of a private law for a period of time, the performance of a comprehensive and integrated example: construction of facilities, maintenance management, manufacturing goods, etc. ..