Public Sector Contracts: Types and Management
Works Contracts
Contracts aimed at carrying out a work defined by an immovable object or the execution of work defined by law (lists, highways, airports, etc.).
Rating by Purpose
- Establishment Works: Creation of a building, expansion, improvement, or strengthening of an existing one.
- Simple Repair Works: Repairing damage in a building that does not affect the structure or preserve historical value.
- Maintenance Works: Repairing damage due to the use of the property.
- Demolition Works: Destruction of a building.
Project Work
Includes memory, plans, budget, work plan, etc. Projects can be developed by the administration or the contractor. Once executed, the project must be approved by the administration.
Contract Dossier
Includes stakeout report, certificate of credit existence, adjudication proceeding, etc.
Execution and Payment
Execution begins with the verification of staking. Payment is made to the contractor for the service provided.
Reception and Redesign
The contractor informs the administration of the completion date. Reception involves the contract manager, the physician responsible for the works, and the contractor. The administration can modify the contract (increase, cancellation, or reduction of units).
Termination Grounds
Delay in testing, suspension of works for over six months, materials increasing the price by 20%, amendments exceeding 20%.
Characteristics of Works Contracts
- Subject to harmonized regulation regardless of the amount.
- Restrictive and administrative in nature.
- Exceptional compared to typical contracts, involving risk-sharing between the administration and private enterprise.
Public Services Contract Management
The administration entrusts a natural or legal person with the management of a public service. The duration depends on the contract’s characteristics.
Modalities
- Assignment: Employer manages the service at their own risk.
- Relevant Management: Administration and entrepreneur share exploitation results.
- Concert: Used for public services suitable for private individuals.
- Mixed Economy Society: Administration participates through a public entity.
Supply Contracts
Contracts for the purchase, lease, or acquisition of goods. Examples include diesel, telecommunications equipment, and custom-made items.
Service Contracts
Contracts where the objective is performance directly received by the contracting entity. They may involve intellectual property rights and educational activities.
Public-Private Sector Cooperation Agreements
Administration charges a company for a period based on investment depreciation. Includes construction, maintenance, and manufacturing of goods incorporating advanced technologies.
Objectives
- Financing capital investment for works or supplies.
- Global and integrated realization of benefits.
Duration cannot exceed 20 years.