Supply guarantee
Introduction
The supply 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 Law 30/2007, of October 30, on Public Sector Contracts.
Through supply contracts, the public sector seeks the acquisition, financial leasing and leasing, with and without the option to purchase, of products and personal property.[1].
Likewise, the Public Sector Contracts Law makes express mention of three specific assumptions. Firstly, the eventual acquisition of a plurality of goods successively and for a unit price without the total amount being defined exactly at the time of entering into the contract, because the deliveries are subordinated to the needs of the purchaser.[2].
Also included in the figure is the acquisition or leasing of telecommunications or information processing equipment, as well as the transfer of the right to use computer programs. However, the development of custom computer programs is excluded from the scope of the supply contract, which will be considered a service contract.[3].
Finally, the Contract Law places the manufacturing contract, by which the contractor must produce a certain product according to the instructions of the Administration, within the scope of the supply contract.[4].
Procedure
Contenido
La Ley de Contratación del Sector Público no menciona especialidades procedimentales relativas a la preparación y adjudicación de los contratos de suministros, por lo que se estará al régimen general de la contratación del sector público "Contratación del sector público (España)"). No obstante, la Ley sí que menciona ciertas particularidades relativas a la ejecución, cumplimiento y resolución del contrato de suministro.
Execution
Regarding execution, the delivery and acceptance of the goods to be supplied is regulated, so that the contractor will be obliged to deliver the thing "Thing (Right)") at the time and place determined by the contract, adjusting to the characteristics configured by the specifications of administrative clauses and technical prescriptions.[5].