Ley de Contratos del Sector Público - 9/2017 - 2a parte

General Overview

In this section, the speaker delves into the general configuration of public sector contracts and the structural elements involved in these contracts.

Necessity and Idoneity of Contracts

• Contract necessity for public administrations is highlighted to fulfill institutional goals.

Contract Duration and Extensions

• Contracts can have one or multiple extensions with unchanged characteristics from the original contract.

Contract Extensions Process

• Extensions are decided by the contracting body and mandatory for the contractor with a two-month notice before contract expiration.

Contract Types and Durations

This part focuses on different contract types, their durations, and associated works or services.

Contract Durations

• Service and supply contracts last five years with extensions; concession contracts for works/services can span up to 40 years.

Minor Contracts

• Minor contracts typically last a maximum of one year.

Contractual Agreements

The discussion centers around administrative agreements within contracts that align with public interest.

Freedom of Agreements

• Administrative entities can form pacts within contracts as long as they adhere to legal principles.

Contract Content Analysis

Analyzing the content of contracts to understand their components better.

Components of Contracts

• Identification of parties, definition of object, pricing details, duration, budgetary considerations, resolution terms are crucial aspects.

Contracting Process Overview

In this section, the speaker discusses the contracting process, focusing on administrative documentation and technical specifications that govern contracts.

Understanding Contract Formation

• Contracts are formalized through administrative acts reflecting prior processes; deviations from these agreements are prohibited by law.

• Contracts are perfected through formalization, typically involving a meeting to sign the contract.

• Contracts are understood to be executed where the contracting entity is located unless specified otherwise.

Verbal Contracts and Emergencies

• Verbal contracts are generally not allowed except in emergencies as defined by specific catastrophic events or national defense situations.

• Examples of emergencies include natural disasters prompting immediate action without following standard procedures.

Invalidity and Special Review in Contracting

This part delves into conditions leading to contract nullity and special review processes within contracting laws.

Causes of Contract Nullity

• Invalid contracts may result from incompetence of the issuing authority, impossible content, or non-compliance with established procedures.

• Lack of contractor capacity, financial solvency, publication errors, or challenges during special review proceedings can also render contracts null.

Special Review Procedures

• Special reviews halt contract proceedings when legal challenges arise during different phases like preparation or awarding.

Contractual Resources and Procedures

The discussion revolves around the procedures related to contractual resources, focusing on the special resource in contracting matters and its submission process.

Contractual Resources and Procedures

• The Central Administrative Tribunal for Contractual Resources, under the Ministry of Finance, handles special resources in contracting matters. Recent modifications increased the minimum number of members to five from two, divided into two chambers.

• Special resources must be initiated within fifteen business days as a general rule (Article 50). Extensions may vary based on specific circumstances like causes of nullity.

• The special resource in contracting suspends the contract or adjudication procedure if filed against them. Similar to nullity cases, it halts proceedings until resolution.

• A specific procedure accompanies the resource involving discussions with parties and document requests. It must be resolved within five business days once all proceedings are concluded.

• Responses to the special resource can be agreement or disagreement. If unresolved within two months, it is deemed rejected by administrative silence.

Appeals and Further Actions

This segment delves into potential appeals and subsequent steps following decisions made by the Central Administrative Tribunal for Contractual Resources.

Appeals and Further Actions

• Disagreements with decisions from the Central Administrative Tribunal lead to appeals at the National Court according to Article 11.1 point k of Law 29/1998 on administrative jurisdiction.

• In case of dissatisfaction with tender announcements, contractual documents, or award agreements exceeding specified values, filing a special resource in contracting can pause proceedings pending resolution by the Central Administrative Tribunal.

• If unsatisfied with outcomes at this level or due to administrative silence after two months, further recourse lies with appealing to the National Court.

Conclusion

Wrapping up key points discussed throughout regarding essential aspects of contracts and procedural steps involved in addressing disputes.

Conclusion

• Contracts should only cover necessary elements while adhering to known durations; verbal contracts are not permissible except in emergencies.

• Formalization is crucial for contract validity; hence, verbal agreements are insufficient without proper documentation.