Which is the difference between framework agreements and centralized contracts?
Framework agreements establish the general conditions of those contracts based on such agreements; such contracts must be entered into with some of the successful tenderers of the relevant framework agreement. The specification of the relevant services or products shall be the responsibility of requesting bodies when processing a framework contract. Requesting bodies are also responsible for the management of expenses arising from those framework contracts they process.
Centralized contracts include the services of several ministries and bodies and their specifications establish the particular characteristics and conditions under which such services shall be provided. The expenses arising from these contracts shall be allocated, as a general rule, to Section 31 of the MINHAP: credits managed by the Directorate-General for the Rationalization and Centralization of Procurement (DGRCC).
Which bodies are required to make use of the centralized procurement system?
By virtue of Article 206 of the Consolidated Text of the Public Sector Contracts Law, the National Centralized Procurement System is compulsory for the General State Administration, its Autonomous Bodies, Managing Entities and Common Services of Social Security and other public state entities. Further information.
I don't know whether the product or service I intend to purchase is subject to centralized procurement.
In Order HAP/2834/2015, of 28 December, amending Order EHA/1049/2008, of 10 April, on the declaration of assets and services subject to centralized procurement, the products and services included within the ambit of centralized procurement and the specifications to be considered in each cases are provided.
For security and cleaning services, the second and third temporary provisions of the Order shall be met, respectively, since, for a provisional period, the centralization of contracts shall only affect those services provided in certain geographic areas and buildings devoted to certain purposes.
Regulations on centralization can found in the section 'Regulations' within this Site.
In the 'Catalogue' section of this Site, a list of those products and services available through the Centralized Procurement System is provided.
Where can I check the catalogue of goods and services included in the centralized procurement system?
In the 'Catalogue' section of this Centralized Procurement Site, the list of those products and services subject to the centralized procurement system is provided.
To see the Articles, along with the relevant details and prices, included in the catalogue, you may access this site.
In framework agreements without detailed products, with obligatory second round tenders, it is not possible to see the details and prices of the items awarded, give that these have not been established in the framework agreement phase.
What shall I do to make use of the centralized procurement system?
If you are a body belonging to an Autonomous Community, Local Entity, Company, Foundation or other entities within the National, Regional or Local Public Sector, you may join the Centralized State Procurement System. Visit the How can I sign up? section for further information.
Which is the processing time for a product or service through the National Centralized Procurement System?
Processing terms for a product or services depend on whether second round of the tender process is required.
In the case with direct purchases, the period from which the request is received through CONECTA until the successful bidder of the framework contract is notified by the DGRCC shall not exceed one week.
In the case of second round tender processes, the full procedure usually takes less than one month, since a minimum period for the submission of offers shall be established based on the complexity of the subject of the contract and the time needed for the assessment of the offers (in those cases in which the only criterion to be considered is price, the assessment is very quick). Total terms for contracts which are not subject to harmonized regulation (non-SARA) are usually shorter, depending on the number of companies from which offers are requested (minimum three) and the deadline for the submission of offers, which is usually shorter.
If I wish to acquire a product or service offered under a framework agreement, what shall I do?
You must access the application CONECTA-CENTRALIZACIÓN from which all electronic proceedings for the acquisition of a product or service included in a particular current framework agreement are completed.
Even though the product or service I intend to acquire falls within the centralized procurement category, the existing catalogue does not meet my needs.
In this case, you must request a centralized procurement waiver authorization by submitting a written notice to the DGRCC in which you prove that the products or services awarded do not have the essential characteristics to satisfy the needs of the requesting body. In such cases, see the Authorizations and exceptions section of the website.
What are framework contracts?
Once the framework agreement is executed, those bodies and entities requiring services or supplies shall select, from within the catalogue or by means of a new tender process, that company participating in the framework agreement the services or products which may meet its needs in the best way possible.
For these purposes, the body shall propose to the DGRCC the awarding of the corresponding framework contract.
What is a second round tender?
According to the Consolidated Text of the Public Sector Contracts Law, in order to award framework contracts based on framework agreements in those cases in which not all terms are established, it shall be necessary to call the parties for a new tender process, following the procedure established in Articles 198.4. Likewise, a second round tender may be used when so provided in the framework agreement and the particular circumstances of the acquisition so require it.
Which framework agreements require a second round tender?
The following framework agreements require a second round tender:
Framework Agreement 01/2014 on the Supply of Office, Laboratory and Geriatric Furniture.
Framework Agreement 10/2012 on the Supply of Communication Equipment and Software, for the cases set out in the Specifications.
Framework Agreement 12/2014 on the Supply of Audiovisual Systems.
Framework Agreement 23/2015 on the Supply of Electric Power.
Framework Agreement 21/2014 on the Supply of Fuel for Automotive Vehicles Lot 1.
Framework Agreement 26/2015 on Services for the Development of Information Systems.
Framework Agreement 27/2012 on Services for the Hosting of Information Systems.
Framework Agreement 50/2014 on Services for the Purchasing of Spaces in Media and other Advertising Media for the purposes of Institutional Advertising Campaigns.
Which procedure shall I carry out to complete a second round tender?
The procedure to be followed is governed by the regulating specifications of the framework agreement and instructions prepared for each one of them. In the data sheet of each framework agreement, these documents may be linked.
In general, the procedure is the following: the body or entity requiring the services or supplies shall call for a "second round tender" so as to choose the most advantageous offer for a certain order, in accordance with specific technical requirements.
For some framework agreements, it is necessary for the DGRCC to previously approve the call for tenders prepared by the requesting body or entity (see instructions of each framework agreement).
The criteria for the assessment of offers in this tender are selected on the part of the bodies or agencies from those included on the technical specifications of the framework agreement and must be indicated in the so called "tender document".
Once the offers are assessed, the relevant bodies or entities submit a proposal to the DGRCC to award the framework contract to the bidder that has presented the bid most appropriate to its needs and in accordance with the criteria established in the tender document.
What are waivers to the centralized procurement?
In the event of certain conditions and circumstances, a body may complete a procurement process outside the Procurement System. These waivers must be authorised by the DGRCC, after the body requesting such waiver submits the relevant explanation. For such cases, see the Authorizations and exceptions section of this website.
If a company offers me better conditions than the ones included in the National Centralized Procurement System, may I complete the purchase on my own account?
If the body falls within the compulsory subjective scope of the centralized procurement, or it has signed up to the system for the relevant service or supply, then it is not possible to complete the purchase outside the system; such body must use the centralized system. In the case of needs which are not included in any of the categories of products or services, a waiver authorization may be requested in order to contract outside the National Purchasing Centre.
If specific needs are required regarding a product or service, may I negotiate with the companies characteristics other than those included in the framework agreement or centralized procurement system?
Some framework agreements include in their specifications the possibility of including specific needs, for example, the framework agreement on services for the development of information systems. Others include the possibility of including complements to products, for example, the framework agreement on industrial vehicles foresees the possibility of including a crane or a truck. Others provide the application of large-volume discounts, such as the framework agreement on computers and office automation packages. In summary, it would be necessary to check the relevant specifications of the framework agreement for which you require a special need.
In case of problems with the acquired supply or service, how may I execute the warranty?
You must submit a request to the DGRCC, stating the file of the request under claim by submitting the relevant documentary evidence.
In case of incidences related to the system, who may I contact?
In the Contact us section, you can find all the mailboxes for inquiries and suggestions.
Am I required to request an offer to every company within the catalogue?
When a body calls for a second round tender so as to request offers to successful tenderers of the framework agreement:
If the agreement is not subject to harmonized regulation (the so-called, unofficially “NO SARA contracts", with a tender budget not exceeding € 135,000.00, VAT excluded), offers may be requested to a minimum of three companies, as long as the reasons to do so are duly stated in the file.
If the agreement is subject to harmonized regulation (so-called “SARA contracts”, which a tender budget equal to or above € 135,000.00, excluding VAT), offers must be requested from every successful tenderer capable of providing the service, according to provisions of the relevant specification.
Regarding NO-SARA contracts, what if I can't get offers from three companies?
You must consult the instructions for framework contracts of the corresponding framework agreement or see the criteria to be applied.
In those cases of aggregate demand, may I leave the group and purchase on an individual basis?
Before commencing an aggregate demand process the common needs of the bodies within the scope of compulsory centralization and the characteristics required for goods subject to aggregate demand are analysed in order to meet such needs. Therefore, it is not possible to acquire such goods outside the aggregate demand process. The purpose of these processes is, on the one hand, to rationalize the purchase of common-use goods by identifying common characteristics that allow for the placement of a large order and, on the other hand, to achieve savings arising from economies of scale, since the successful bidder is able to make a large volume sale.