Public concessions
Introduction
The public works concession contract is a type of contract relating to the public sector contracting regime "Public Sector Contracting (Spain)") in Spain. Its essential regulation is contained in Law 9/2017, of November 8, on Public Sector Contracts.
The public works concession contract is a figure derived from the works contract. It falls on similar services (first establishment works, renovation, major repair, repair, rehabilitation, restoration, maintenance and conservation), although it is characterized by the consideration received by the contractor, which may consist of the right to exploit the work, or in said right accompanied by the receipt of a price paid by the public sector entity that contracts.[1].
The execution of the contract will be carried out at the risk and fortune of the contractor. Eventually, the contract may include the subsequent adaptation, reform, modernization and repair of the work, in order to maintain its functionality.[2].
Procedure
Preparation
The preparation phase of public works concession contracts begins with the preparation, by the granting Administration, of a feasibility study, which will refer to the cost and justification of the work, as well as the profitability of the concession, its socioeconomic and environmental impact, and even the operational and technological risks of the construction and operation of the work. Such a study will be subject to a subsequent public information process.[3].
After approval of the feasibility study, the Administration may prepare a preliminary project for the construction and operation of the work, depending on its complexity.[4] When the definition of the characteristics has been sufficiently specified, the Administration will proceed to the drafting, supervision, approval and rethinking of the corresponding project.[5].
The Law also establishes minimum contents to which the specific administrative clauses must refer. In this way, they must specify the purpose of the contract, solvency, remuneration system, guarantees, etc. Special mention should be made of the minimum content of the proposals, which must refer to essential aspects of the contract, such as the duration of the concession or the economic-financial plan of said concession.[6].