1. AUTHORIZATION OF EXEMPTION FROM CENTRALIZED PROCUREMENT

Once a service or supply has been declared centralized, the procurement of the supplies, works and services included therein must, on a mandatory basis, be carried out through the State Centralized Procurement System by the bodies, entities and organizations referred to in points (a), (b), (c), (d) and (g) of paragraph 1 of Article 3 of the Public Sector Contracts Act (LCSP) that belong to the State public sector, unless the contracts have been declared secret or classified in accordance with the legislation governing official secrets. 

Notwithstanding the above, Order HAC/459/2026 of 22 April, declaring supplies and services subject to centralized procurement (Article 5), provides for the possibility of requesting authorization from the Directorate-General for the Rationalization and Centralization of Procurement (DGRCC) to procure outside the framework agreements, dynamic purchasing systems or centralized contracts of the State Centralized Procurement System, in accordance with the general rules on competence and procedure, where certain circumstances apply. 

The following situations may be distinguished, depending on the rationalization technique used:

1. Framework agreements and dynamic purchasing systems

General regime applicable after the entry into force of the framework agreement or dynamic purchasing system.

It must be demonstrated that the goods awarded under the framework agreement or the service delivery arrangements do not meet the essential characteristics required to satisfy the applicant's needs.

In the field of centralized procurement relating to information and communication technologies, in the case of specific contracts where the independent performance of the various services included in the subject matter of the contract would hinder its proper execution from a technical standpoint; or where the risk to the proper performance of the contract arises from the nature of its subject matter, because it requires coordination of the execution of the different services, which would not be possible if the contract were divided into lots or several contracts and performed by different contractors, these circumstances shall be evidenced by a report from the State Agency for Digital Administration explaining that the specific characteristics of the project make it impossible for the needs of the recipient body to be met through the existing framework agreements or implemented dynamic purchasing systems.

In such cases, the request to procure outside the State Centralized Procurement System shall be accompanied by the reasoned report referred to in the preceding paragraph.

2. Centralized contracts:

General regime: request for authorization to procure outside the centralized contract.

The procurement of supplies or services included within the scope of the centralized contract outside the State Centralized Procurement System, or the extension of existing contracts, may be carried out by the competent body of the entity, in accordance with the general rules on competence and procedure, subject to a favourable prior report from the DGRCC. Such favourable report may be issued where it is justified that the needs of the recipient body cannot be met through the centralized contract, as well as for budgetary, operational, management or procurement centralization planning reasons.

In the field of information and communication technologies, the request for authorization to procure outside the centralized contract must be accompanied by a favourable prior report from the State Agency for Digital Administration.

Bodies falling within the mandatory scope of centralized procurement may submit this request by accessing, using an electronic certificate, through the SARA Network at https://app.serviciosinternos.hacienda.gob.es/AutorizEX/.

• (Click here to access information on the procedure)
• (Click here to download the application form)
   

2. GENERAL AUTHORIZATIONS TO PROCURE OUTSIDE THE STATE CENTRALIZED PROCUREMENT SYSTEM

Pursuant to Article 5.3 of Order HAC/459/2026, the procurement of certain supplies and services declared subject to centralized procurement may be generally authorized outside the State Centralized Procurement System where the circumstances referred to in that provision apply.

3. AUTHORIZATION TO PROCURE CERTAIN SERVICES OR SUPPLIES WHOSE CENTRALIZATION IS UNDER CONSIDERATION

This authorization is intended to ensure the effective implementation of a future framework agreement or centralized contract for a service or supply whose centralization is currently under consideration.

In accordance with Article 3.1 of Order HAC/459/2026 of 22 April, the DGRCC shall, by means of a Resolution, determine the new supplies and services that may be declared subject to centralized procurement by the Minister of Finance.

The processing of contracts with a duration exceeding one year whose subject matter consists of a supply or service included in the Resolution referred to in the preceding paragraph shall require a favourable prior report from the Directorate-General for the Rationalization and Centralization of Procurement. In all cases, a favourable prior report shall also be required in order to approve any extension of the contract.

4. AUTHORIZATION TO CONCLUDE FRAMEWORK AGREEMENTS

This authorization is required as a consequence of the use of the framework agreement procurement technique. Article 229.8 of Act 9/2017 of 8 November on Public Sector Contracts (LCSP) provides that prior authorization from the DGRCC shall be required before concluding a framework agreement whose subject matter consists of goods, services or works that have not been declared subject to centralized procurement and:

• Are procured on a general basis and have essentially homogeneous characteristics.
• Or affect more than one of the entities included within the mandatory scope of the State Centralized Purchasing System referred to in Article 229.2 of the LCSP.