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Prezentare Proiect PPT Studiu de Caz Contract Administrativ
Prezentare Proiect PPT Studiu de Caz Contract Administrativ
FACULTATEA DE DREPT
MASTER – BUSINESS LAW
Administrative Contracts
The structure of an administrative contract
Public procurement contract of supply and services - Case study
Students:
Duiu Claudiu
Gorincioi Marcel
Petrescu Alexandra
Roșiu Georgiana
Tudorică Elena Sorina
1. Introduction. Definitions of the contract
Reglementation Period
The contract period is not The contract parties shall
established by the law, as it is a agree on the period of their
clause resulting from the agreement.
agreement of the parties.
Start End
Therefore, the period of the Also, the present contract
present contract was from the stopped from producing
4th of May to 18th of June, effects on the 19th of June,
2018. 2018.
5. Legal object and material object of the contract
c
procurement is the procurement of by the detection and fire alarm
B
works, supplies or services. station that must be provided
In the present contract, it is about by the provider.
supplies and services.
B. The procurement
of supplies and services D. Detection and fire
D
Therefore, the provider must supply and alarm station
install the detection and fire alarm station
Also, we may include in this category
at the Penitentiary of Craiova, according to
the services that need to be
the tender book and the technical offer.
accomplished by the provider, such as
The product must totally comply with the
settling and installing the product.
technical specifications.
6. The effects of the contract
Rights and obligations of the parties
Contractual clauses
There are rights and obligations that apply to both contract parties.
Contract Form
The contract on public
procurement shall be
concluded in a written and
authentic form. Authentic Form
3
documents are prepared,
Fourth Step
Award of the contract
followed by
is
the
4 proposals
rejected.
are invited,
evaluated, and accepted or
implementation phase in
which the execution of the
contract is managed.
10. Similarities between public procurement contracts and
other administrative contracts
B D
A C DIFFERENT
E
PUBLIC FROM PRIVATE
AUTHORITY as LAW
THE CONTRACTS
CONTRACTING
AUTHORITY
11. DIFFERENCES BETWEEN PUBLIC
PROCUREMENT CONTRACTS AND OTHER
ADMINISTRATIVE CONTRACTS
Legal framework 1
The Directive no. 2014/24/EU establishes the main
rules that have to be enforced by the member Object of the contract
2
states of the European Union and the Law In our case study, we have analysed the contract of
no.2016/98, which is a national law, sets the details supply, which is a “public contract other than a public
on the public procurement in Romania based on works contract having as its object the purchase, lease,
the specific of our country on the public rental or hire purchase, with or without option to buy, of
procurement. products” , or, a “ public procurement contract having as
Compared to the contract of supply and services
we have analysed, for example, the contract of
concession has as legal framework the Directive
3 its object the purchase, lease, rental or hire-purchase,
with or without an option to buy, of products.”, compared
to the concession contract which “is a contract for
no. 2014/23/EU of the European Parliament and of pecuniary interest concluded in writing between a
the Council on the award of concession contracts, contracting authority/utility and an economic operator
4
and the Public Property Administration Contract where the consideration is either: simply that the
have the legal basis on the Law no. 1998/213. contractor has the right to exploit (that is, to profit from)
the works/services that are the subject of the contract, or
where the contractor has that right together with some
payment from the contracting authority/utility”.