Integrated hiring
Introduction
The service contract is a type of contract relating to the public sector procurement regime "Public Sector Procurement (Spain)") in Spain. Its essential regulation is contained in Royal Legislative Decree 3/2011, of November 14, which approves the consolidated text of the Public Sector Contracts Law.
Service contracts are characterized by having an object consisting of performance, either the development of an activity, or the obtaining of a result other than a work or a supply. In this way, its scope of application is delimited by a residual clause, applicable when the provision cannot be included in the scope of works or supply contracts "Supply contract (Spain)").[1].
The Law establishes a series of limits on the service contract. In this way, the object of the contract cannot fall on a service that involves the exercise of public authority;[2] and likewise, the consolidation, as public sector personnel, of the people who have developed the service cannot occur.[3].
Regarding the determination of the price of service contracts, the Law refers to the specifications of administrative clauses, stating that it may be based on components of the service, units of execution or units of time, or set in a lump sum, or result from the application of fees for rates or a combination of several of these modalities.[4].
Regarding the maximum duration of the service contract, a limit of four years is established, or six including any extensions.[5] On the other hand, contracts complementary to those for works or supplies "Supply Contract (Spain)") are exempt from this regime, the maximum duration of which is the same as that of the main contract.[6] Regarding contracts for the legal defense of the Administration, the duration that is necessary to adequately fulfill its task is allowed.[7] Regarding construction management assistance contracts or integrated project management, the maximum duration extends beyond the works contract to which they complement, covering the estimated period to proceed with the settlement of the work.[8].
Procedure
Contenido
El contrato de servicios sigue el régimen GENERALgeneral de contratación del sector público "Contratación del sector público (España)") en los aspectos relativos a la preparación, adjudicación, perfección y formalización contractual. No obstante, la Ley contiene una serie de particularidades referidas a su ejecución, cumplimiento y resolución.