Methodology for the preparation of framework agreements and centralized contracts
The process for the preparation of framework agreements and centralized contracts is structured in the following phases:
ANALYSIS OF DEMAND (NEEDS OF THE ADMINISTRATION)
Determination of the services and supplies for common use on the part of the Administration.
Study of needs of ministries and agencies, using the information provided by same, to establish the characteristics of the goods and services to be acquired.
Analysis of information relating to existing contracts: technical specifications, basic aspects of the specification of conditions and specific administrative clauses, unit amounts, etc.
In the case of centralized contracts, the gathering of data on existing contracts that may be centralized, to determine the subjective scope, the phases and dates of incorporation of the different ministries and agencies to centralized contracts and services to be contracted.
ANALYSIS OF THE TENDER (MARKETS STUDY)
Study of applicable sectoral legislation and, where necessary, meetings with ministries or agencies with competency for the regulation of the corresponding sector in order to guarantee that the regulating conditions comply with legislation and the interpretive criteria of the competent authorities.
Analysis of companies in the sector, territorial implementation, size, specialization etc. for the purpose of determining phases, lots, access measures for SMEs, contractable types, subcontracting and, in general, those questions of conditions related to the companies' capacity to bid.
Analysis of characteristics of prices and products in the market. Costs Study.
Consult the companies in the sector through public sessions or through the website in relation to the different aspects of the contract or framework agreement to be awarded, prior to approval of the conditions of contracting. This procedure helps make the process more transparent and provides equal access to information for the companies. In addition, the experience of consultations carried out previously allows for the very positive means of assessment of the companies' contributions, as both interventions at public sessions and completion of the questionnaires have seen an improvement of the quality of the tender process.
PREPARATION OF BASIC DOCUMENTATION OF MANAGEMENT COMMISSION
Once the activities described in the previous sections have been completed, the technical conditions and specific administrative clauses are prepared. This preparation involves setting parameters for services in centralized contracts, fixing common criteria for their provision, without prejudice to the meeting of the needs of each ministry or agency. Homogeneous criteria are also set in budgeting, as in centralized contracts, which are charged to Section 31 of the Ministry of Finance and Public Administrations, it is necessary to determine the value of the contract, its annuities and its financing.
Both for framework agreements and for centralized contracts the views of the ministries and agencies are to be sought. In the first case, of those with the greatest role in the procurement of goods and services to be provided through the framework agreement, in the second through centres participating in the contract.
Finally, it should be pointed out that for all procedures, a report of the specific conditions is requested by the National Markets and Competition Commission.