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Authorizations and exceptions

There are different exceptions to centralized procurement, required authorizations and other reporting obligations which are included below:

I. GENERAL AUTHORISATIONS FOR THE WAIVER TO CENTRALISED PROCUREMENT

The DGRCC has issued a favourable report authorising, with general nature and under certain circumstances, the acquisition outside the centralised procurement system, on the following framework agreements:

II. AUTHORIZATION FOR THE WAIVER TO CENTRALIZED PROCUREMENT

Once a service or supply is qualified as centralized, the DGRCC shall be the sole responsible for its procurement. Article 206.3 of the Consolidated Text of the Public Sector Contracts Law (TRLSCP, according to the Spanish acronym), as well as the Order for the declaration of goods and services subject to centralized procurement (articles 4 and 5 of Order EHA/1049/2008), provide that an authorization can be requested to the DGRCC so as to being able to complete the procurement process through its own procurement department in accordance with the general competence and procurement regulations.

This request for a waiver may be submitted telematically.

(Click to access the information regarding the procedure)

(Click to download the request form)

It must be stated that, unless the aforementioned Order excludes from its scope minor contracts, the centralization of a service or supply shall cover all those contracts the purpose of which is centralized regardless of their amount.

When applying for a waiver to the centralized procurement, two circumstances must be taken into account, depending on whether the procurement falls into the category of framework agreements or centralized contract:

  1. For framework agreements:

    • General Provision: request for a waiver authorization when the framework agreement is already in force

      • Applicable in the case of services and supplies qualified as centralized procurement items.

      • In order to request a waiver authorization to centralized procurement it is necessary to prove that those goods allocated by virtue of the framework agreement or the service provision regime do not meet the necessary characteristics to cover the needs of the requesting body.

    • Transitional Provision: request for a waiver authorization when the framework agreement is not in force yet.

      • Applicable in the case of procurement of services and supplies, or extension of current contracts already qualified as centralized procurement items.

      • If the contract proposed by the requesting body has a duration of less than one year plus another possible extension, the competent body may complete the procurement process in accordance with the general competence regulations and after the DGRCC issues the relevant approval report.

      • For reasons of efficiency in management, the DGRCC may authorize the waiver to this temporary limitation.

  2. For centralized contracts:

    • General Provision: authorization request for contracts out of the centralized procurement system (article 5 Order):

      • Applicable in the case of the procurement of services and supplies already qualified as centralized procurement items.

      • Applicable when such services or supplies are to be awarded by means of a centralized contract instead of a framework agreement.

      • The competent body may complete the procurement process in accordance with the general competence and procedure general regulations if proven to be necessary due to the characteristics of the service, supply or work of the requesting body or due to the planning requirements of the centralization itself and after the DGRCC issues the relevant approval report

III. AUTHORIZATION FOR THE EXECUTION OF FRAMEWORK AGREEMENTS:

It is an authorization which depends on the use of the model of the framework agreement.

  • Article 206.4 of the TRLCSP: the prior authorization of the DGRCC shall be required when framework agreements are to be executed and the purpose of such framework agreements is goods, services or works which have not been qualified as centralized procurement and are contracted under the general terms with characteristics which are basically homogeneous.

  • or when it affects more than one ministerial department, autonomous body or entities falling within the compulsory scope of article 206 of the TRLCSP.

IV. AUTHORISATION TO CONTRACT CERTAIN SERVICES OR SUPPLIES WHOSE CENTRALISATION IS UNDER CONSIDERATION

It is an authorisation that responds to the purpose of guaranteeing the effective application of a future framework agreement or centralised contract for a service or supply whose centralisation is under consideration.

Thus, the General State Administration and other entities included in the mandatory subjective scope of the State Procurement Centre, in accordance with the second additional provision of Order EHA/1049/2008, of 10 April, for declaring the goods and services subject to centralised procurement, must obtain a favourable report from the Directorate-General for Rationalisation and Centralisation of Procurement in order to process contracts aimed at services and supplies included in the following resolution and whose duration is longer than one year, extendable by a additional year.