Execution

After the award, perfection and formalization, which will follow the general public sector contracting regime "Public Sector Contracting (Spain)"), the execution of the contract will take place, with respect to which the Law establishes various particularities for the public services management contract.

During execution, the contractor will have to comply with a series of obligations in the management of the public service. In this way, it must provide the service with the agreed continuity and guarantee individuals the right to use it under the conditions that have been established and by paying, where appropriate, the economic consideration included in the approved rates.[9]​.

Likewise, it must take care of the good order of the service, being able to issue the appropriate instructions, without prejudice to the police powers that correspond to the Administration to guarantee the proper functioning of the public service.[10]​ It also attributes a duty to compensate for damage caused to third parties;[11]​ and the obligation, within the framework of the conclusion of supply contracts that derive from the management contract, not to discriminate on the basis of nationality against community companies or signatories of the Agreement on Public Procurement of the World Trade Organization.[12]​.

Finally, the Law allows the modification of the contract by the Administration, although it establishes a legal regime aimed at restoring the economic and financial balance prior to the modification, something that will also govern if said balance is broken due to force majeure. The Law, regarding the measures for said restoration, expressly mentions the modification of the rates to be paid by users, the reduction of the contract term, or its extension for a period that may not exceed one tenth of the original term.[13]​.

Preparation

Before entering into a contract for the management of public services, the legal regime of said services must be outlined, delimiting the administrative powers, the scope of benefits in favor of those administered, and the legal, economic and administrative aspects related to the provision of the service.[6]​.

On the other hand, the specifications of particular administrative clauses and technical prescriptions must establish the conditions for providing the service, the rates to be paid, the procedure for reviewing them, and the fee charged by the Administration.[7]​.

On the other hand, the Law contemplates the possibility that the contract includes the execution of works, in which case a preliminary works project and a preliminary exploitation project will be prepared, governing the regulation referring to the public works concession contract.[8]​.

Execution

After the award, perfection and formalization, which will follow the general public sector contracting regime "Public Sector Contracting (Spain)"), the execution of the contract will take place, with respect to which the Law establishes various particularities for the public services management contract.

During execution, the contractor will have to comply with a series of obligations in the management of the public service. In this way, it must provide the service with the agreed continuity and guarantee individuals the right to use it under the conditions that have been established and by paying, where appropriate, the economic consideration included in the approved rates.[9]​.

Likewise, it must take care of the good order of the service, being able to issue the appropriate instructions, without prejudice to the police powers that correspond to the Administration to guarantee the proper functioning of the public service.[10]​ It also attributes a duty to compensate for damage caused to third parties;[11]​ and the obligation, within the framework of the conclusion of supply contracts that derive from the management contract, not to discriminate on the basis of nationality against community companies or signatories of the Agreement on Public Procurement of the World Trade Organization.[12]​.

Finally, the Law allows the modification of the contract by the Administration, although it establishes a legal regime aimed at restoring the economic and financial balance prior to the modification, something that will also govern if said balance is broken due to force majeure. The Law, regarding the measures for said restoration, expressly mentions the modification of the rates to be paid by users, the reduction of the contract term, or its extension for a period that may not exceed one tenth of the original term.[13]​.