Authorizations and exceptions

  1. EXCEPTIONAL AUTHORIZATION FOR CENTRALIZED PROCUREMENT

Once a service or supply is declared centralized, the procurement of supplies, works, and services included must be made, on an obligatory basis, through the State Centralized Procurement System by the entities, organizations, and bodies indicated in sections a), b), c), d), and g) of paragraph 1 of Article 3 of the LCSP that belong to the state public sector, unless the contracts have been declared classified or reserved according to the regulations governing official secrets.

Notwithstanding the above, the Order declaring goods and services for centralized procurement (Articles 4 and 5 of Order EHA/1049/2008) includes the possibility of requesting authorization from the DGRCC to contract outside the framework agreements, dynamic systems, or centralized contracts of the State Centralized Procurement System according to the general rules of competence and procedure when certain conditions apply.

The following situations can be distinguished:

  1. Framework Agreements and Dynamic Systems:

Transitional Regime: before the framework agreement or dynamic procurement system comes into effect. This applies to the case of contracting services or supplies, or extending existing contracts, that are already declared centralized procurement but no framework agreement or dynamic system is in force.

  • If the proposed contract has a duration of less than one year plus an optional extension, it will be carried out directly by the competent body according to the general rules of competence without the need for prior favorable report from the DGRCC. In this case, a favorable prior report from the DGRCC will be required for the extension.

  • If the proposed contract has a duration of more than one year, the DGRCC may authorize it based on management efficiency reasons.

General Regime: Request for exemption authorization when the framework agreement or dynamic system is already in force:

  • It is necessary to demonstrate that the goods awarded in the framework agreement or the service provision regime do not meet the essential characteristics to satisfy the needs of the requester.

  1. Centralized Contracts:

General Regime: Request for authorization to contract outside of the centralized contract

  1. GENERAL AUTHORIZATIONS FOR CONTRACTING OUTSIDE THE STATE CENTRALIZED PROCUREMENT SYSTEM

The DGRCC may issue general reports authorizing all entities within the scope of centralized procurement to contract outside the State Centralized Procurement System for certain goods and services.

  1. AUTHORIZATION TO CONTRACT CERTAIN SERVICES OR SUPPLIES WHOSE CENTRALIZATION IS UNDER STUDY

This is an authorization aimed at ensuring the effective application of a future framework agreement or centralized contract for a service or supply whose centralization is under study.

Thus, the General State Administration and other entities within the compulsory scope of the State Central Procurement System, in accordance with the second additional provision of Order EHA/1049/2008 of April 10, declaring supplies and services for centralized procurement, must obtain a favorable report from the DGRCC to process contracts for services and supplies covered in the following resolution with a duration exceeding one year, extendable by one additional year.
 

  1. AUTHORIZATION TO ENTER INTO FRAMEWORK AGREEMENTS

This is an authorization determined by the use of the framework agreement figure. Article 229.8 of the LCSP provides that prior authorization from the DGRCC is required when entering into a framework agreement for goods, services, or works that have not been declared as centralized procurement and:

  • they are contracted generally and with essentially homogeneous characteristics.
  • they affect more than one of the entities included in the compulsory scope of the state centralized procurement system under Article 229.2.