I. AUTHORIZATION OF AN EXCEPTION TO THE CENTRALIZED PROCUREMENT
Once called a centralized service or supply, procurement of supplies, construction and services in it including shall be effected with mandatory, through the state system of Centralized Procurement by bodies, entities and agencies noted in the letters a), (b), (c), (d) and (g) of paragraph 1 of article 3 of the LCSP belonging to the state sector, except that contracts have been declared of secret or reserved in accordance with the law about regulation of the official secrets.
However, the foregoing, the order of the declaration of assets and contracting services centralized (articles 4 and 5 of Order EHA/1049/2008), provides for the possibility to apply for leave to DGRCC to recruit outside the framework agreement, or dynamic systems contracts of centralized state system of Centralized Recruitment in accordance with general norms of competence and procedure when there are certain situations.
One can distinguish the following circumstances:
1. Framework agreements and dynamic systems:
Transitional regime: before the entry into force of the framework agreement or the dynamic purchasing system. In the case of the procurement of services or supplies, or extending existing contracts, already declared centralized procurement, but there is a framework agreement or dynamic system in force.
- If the contract as proposed by the petitioner has less than a year of possible further extension will be carried out directly by the competent body according to the general rules of competition without need for prior favourable report from the DGRCC. In this case, to agree on the extension it will be necessary prior favourable report from the DGRCC.
- If the contract as proposed by the petitioner lasts, DGRCC may authorize such an action in response to reasons of efficiency in management.
General regime: request for exception when it is already in place the framework agreement or the dynamic system:
- It is necessary to demonstrate that the property acquired in the framework agreement or the provision of services do not meet the characteristics required to meet the needs of the petitioner.
2. Centralized contracts:
General regime: application for leave to recruit outside the centralized contract
The recruitment of these services or supplies irrespective of the state system of Centralized Procurement, or the extension of contracts in force since the entry into force of the resolution to declare the centralization of recruitment, can only be made where warranted by the features of service or the supply agency, the petitioner or for reasons of planning for the centralization of recruitment.
II. GENERAL AUTHORISATIONS TO RECRUIT OUTSIDE THE STATE SYSTEM OF CENTRALIZED CONTRATACIÓN
The DGRCC may issue general reports allowing all entities listed in the area of centralized procurement, recruitment outside the state system of Centralized Procurement of certain goods and services.
III. AUTORIZACIÓN FOR HIRING SERVICES OR SUPPLIES CENTRALIZACIÓN WHICH IS CURRENTLY UNDER CONSIDERATION
This is an authorization that responds to the aim of ensuring the effective implementation of a future framework agreement or contract of a centralized service or supply whose centralization is currently under consideration.
Thus, the General state administration and other entities in the field of the compulsory recruitment of the state, in accordance with the second additional provision of the Order EHA/1049/2008 of 10 april, declaration of supplies and services of centralized recruitment, should seek the favourable report from the DGRCC for processing contracts with the aim of the services and supplies contained in the following resolution and periods exceeding one year, renewable for another year.
IV. AUTORIZACIÓN FOR CELEBRACIÓN OF FRAMEWORK AGREEMENTS
This is an authorization that is determined by the use of framework agreement. Article 229.8 of the LCSP provides that will require the prior authorization of DGRCC when going to be a framework agreement on goods, services or works that have not been declared a centralized recruitment:
- the incumbents of a comprehensive manner and with essentially homogeneous characteristics.
- well affect more than one of the integrated into the compulsory Level of the state system of centralized procurement of 229.2 item.