Public procurement law since the General Council at its session of 9 November 2000 has approved the following: public procurement Law Index preamble chapter i. General provisions Article 1. Scope of application of the Law Article 2. Contracts excluded Article 3. Classes of contract Article 4. Regulatory regime 5. Contracting bodies Article 6. Prerogatives of the contracting bodies Article 7. Legitimation for hire Article 8. The temporary Union of companies Article 9. Foreign contractors Article 10. Requirements of Article 11. Article 12 review of prices. Pleats administrative terms and technical specification Chapter II. Contract of works Article 13. Object of the Agreement Article 14. Phases of the contract Article 15. Project scope Article 16. Contents of draft Article 17. Different types of contract Article 18. Forms of contract Article 19. Article 20 auction. Provisional and final award Article 21. Competition Article 22. Direct procurement Article 23. Formalizing Article 24. Rethinking of the work Article 25. Modifications to Article 26. Execution of the contract Article 27. Qualification of the execution of the works Article 28. Suspension of works Article 29. Temporary reception Article 30. Definitive reception Article 31. Termination of the contract Article 32. Transfer of contracts and subcontracting of works Article 33. Works of private initiative, chapter III. Public services management contract Article 34. The object of the contract Article 35. Stages of the recruitment Article 36. Type of contract Article 37. Forms of contract Article 38. Formalizing Article 39. Modifications to Article 40. Execution of the contract Article 41. Termination of the contract Article 42. Transfer of contracts and subcontracting of ancillary Article 43. Referral rules chapter IV. Supply contract Article 44. The object of the contract Article 45. Tender rules Article 46. Forms of contract Article 47. Completion Article 48. Modifications to Article 49. Execution of the contract Article 50. Warranty period Article 51. Referral rules Chapter v. hiring of technical work and services Article 52. The object of the contract Article 53. Specialties of the contract Article 54. The form of adjudication chapter VI. Administrative classification of contractors and the register of contracts Article 55. Concept and scope of the administrative classification of works contractors Article 56. Requirements of the classification by the contractors of works Article 57. Application, processing and approval of the classification Article 58. Validity and revision of the classification Article 59. Concept and scope of the administrative classification of suppliers Article 60. Typology of provisions Article 61. Requirements of the classification by the employers suppliers Article 62. Application, processing and approval of the classification Article 63. Validity and revision of the classification Article 64. Junta of government procurement Article 65. Chapter VII contract record. Article 66 guarantees. Provisional guarantee Article 67. Definitive guarantee Article 68. Phasing out of the guarantee Article 69. Without warranty contracts additional Provisions First. Application of this law to the law of contract of Commons Second. Application of this law to the law of the contract of the public or parapublic entities dependent on the Third administration. Application of this law to contracts held by the General Council repealing provision final provision transitional provision preamble The public procurement Law has been applied by the Administration from the December 30, 1985. During this time, the Andorran legal system has known major changes to which it is necessary to adapt the public procurement policy. The law responds to the basic principles of transparency, competition and advertising code of the Administration, but it is necessary to develop the public procurement regulatory constraints to adjustments of the general law of public finance and other complementary norms. In addition, the experience of the application of the law of 1985 for more than ten years emphasizes the need to broaden their scope, both as regards the contracts included as responsible authorities to apply it. In addition, this law has been to adjust the operation of the Andorran market.
Indeed, the public procurement Law is important for the volume of transactions that regulates, since almost all of the expenses of the Government regulate their execution by this law. These transactions involve two parties: the Administration and the individual that contracts with the Administration, and in this sense, it is a law that organizes the economic life of the country. The contracts for supplies, public service management and services of the Government are their source of execution in the public procurement Law. For this reason, it was necessary to revise the law of 1985 in order to adapt it to the new circumstances of the Andorran economy.
The general objectives of this law can be summarized in four main points, in accordance with the preceding statement. The new law updates the text of the public procurement Law of 30 December 1985, taking into account the relevant rules of the Constitution, the code of administration, of the general law of public finance, and other regulatory texts with emphasis on the law in force. Also improves the effectiveness of the rules concerning public procurement, and get a judgment on the content of the law. The scope of application of the law has been extended to all the public administrations, in accordance with the code of the Administration, that is to say, generally in the Commons, the parapublic institutions, and entities of public law. Finally, it has expanded the scope of application of the law in almost all of the contracts for the Government, including as a novelty the technical works and service contracts.
The law is developed with a general part which includes the administrative organisation of the public contracting. This restarts the competition and contracting bodies, the object and the price of the contracts, the legitimacy to hire. The new text includes the temporary Union of companies, and regulates the need to approve an administrative terms and technical specification for all recruitment.
The second chapter of the law regulates the contract of works. This text defines more clearly the records of contracting of works, and describe the modalities and forms of adjudication. In this law the form of adjudication of bankruptcy auction, due to its difficulty of application. As news of the law with regard to the contract works, it should be noted that the work will receive a grade for the purpose of future contracts, and integrates the concept of works of private initiative.
The third chapter refers to contracts for the management of public services, with only one significant difference with respect to the law of 1985, the extension of the concession period up to 50 years. The Foundation of this substantial change compared to the previous Law is the need to adapt the maximum duration of contracts of management of public services in economic reality to which they are exposed are tender and the expectations of the Administration regarding the indirect management of these services.
The fourth chapter regulates the contract of supplies. For these types of contracts extends the reach of the law in 1985, passing through direct recruitment as a normal way of awarding the tender. This modification reflects the normalisation of a practice that have carried the administrations in the awarding of supply contracts, since this mode improves transparency, competition and advertising.
The technical work and service contracts are a new feature of the law. The normal procedure for the award of these contracts is the public tender, which allows the direct contracting for amounts less than 2 million pesetas (12,021 euros).
Finally, the present Law resume and develops the administrative classification of contractors and the register of contracts, and creates the Board of government procurement. The classification of companies established by contracts of works and also its application for supply contracts.
Chapter VII contains the guarantees necessary to contract with the administration.
With the application of the articles of the text, you try to get a law on public procurement that it responds appropriately to the needs that the situation of the public contracts required, allowing the basic principles prevailing in the public procurement, and ensuring sufficient flexibility in the administrations and entrepreneurs and professionals to meet the public markets.
Chapter i. General provisions Article 1 scope of application of the law the contracts they sign the public administrations will have to adjust to the rules of this law, its regulations and other provisions that the deployed or complement, except in the cases of exclusion that this same law or other laws establish.
Article 2 excluded Contracts 1. Remain outside of the scope of application of this law the following contracts: a) The agreements, conventions or treaties which the Principality of Andorra established with other States or entities of international public law.
b) contracts held in accordance with the specific procedure of an international organization.
c) The service relationship of officers and the provision of personal services contracts in public administrations.
d) legal relations arising from the provision of public services that citizens can use by paying a fee or tuition.
e) cooperation agreements between public administrations.
f) contracts relating to financial services and operations of the Andorran National Institute of finance.
g) contracts concerning assets or rights of national or communal heritage.
h) supply contracts relating to the direct activities of the public or parapublic entities if the goods to which they affect are acquired for the purpose of returning them to the legal traffic of heritage.
and the contracts expressly excepted) by a law.
2. In the case of the previous section the present Law applies with extra character.
Article 3 Classes of contract 1. The public service contracts can be administrative and/or private.
2. administrative contracts Are the ones who have to the execution of works, the management of public services, making supplies, and orders of technical assistance and advisory services and the like.
3. Are private contracts that, according to the previous section, you do not have an administrative nature, such as contracts of sale, donation, Exchange, leasing and other similar legal business.
Article 4 Regulatory Regime 1. Administrative contracts governed by this law and by the regulations and provisions that the array, except for cases of special regulation.
They have extra character the rest of rules of public law, private law and the uses and customs in force in the Principality.
2. Private contracts are governed, as regards the preparation and adjudication and to lack of specific rules, by this law and by the regulations and provisions that the deployed and about its effects and extinction, by the rules of private law. The contracts of sale, donation, Exchange, leasing and other similar legal business are governed, however, by law the assets applicable to each case.
3. Disputes relating to administrative contracts correspond to the administrative jurisdiction. Disputes relating to private contracts are the responsibility of the civil jurisdiction. However, the references to the preparation and the adjudication of private contracts should be made before the administrative jurisdiction.
Article 5 the contracting Bodies 1. Are Contracting bodies of public administrations: a) the Prime Minister and the Ministers.
b) the organs that designate the respective Common tips.
c) the managers of public or parapublic entities unless the respective statute confers this right on the Board of Directors.
It is governed by regulations, cases of joint contracts that have to be arranged between two or more Contracting bodies.
2. In any case, the contracting bodies can delegate his power to hire. The delegation must be expressed, and shall be published in the official bulletin of the Principality of Andorra.
3. With regard to the general administration, is required the agreement of the Government for the award of the following contracts: a) that involve spending more than the amount that the law of the general budget note each year.
b) that cause additional pluriannual.
4. With regard to the mandatory, parapublic entities is resolution of the Board of Directors in the same cases outlined in the previous section.
Article 6 Prerogatives of the contracting bodies 1. The contracting bodies can interpret the administrative contracts and resolve any doubts that provides your compliance.
2. disputes arising from the interpretation, modification, the effects and the resolution of administrative contracts are resolved by the contracting authority, without prejudice to the competent jurisdictional and administrative resources provided for by the law.
Article 7 Legitimation to contract 1. May enter into contracts with the public administrations of the natural or legal persons, entities or foreign, who have full legal capacity and competence, prove your solvency and financial, technical and professional and are not in any of the following cases: a) have been condemned by a firm sentence to crimes against property or of falsity.
b) Be declared in suspension of payments or bankruptcy unless they have been rehabilitated, or insolvent in any procedure.
c) Be owe to the Government, after the period of voluntary payment, whether contractual or legal.
d) have been declared responsible for the firm resolution, during the three previous years, of any contract concluded with the public administration.
e) Form part of the staff at the service of the public administration in question, the title of official, contractual or temporary.
f) does not have the proper administrative classification in the cases when it is required.
g) have been described as a "flawed" the execution of a work their contracted with the Administration in accordance with the provisions of article 27 of this law. In this case, disable the contractor lasts for three years.
2. The awards of contracts in favor of people who do not have legal or capacity to act, or that are included in any event of the previous section, are null in its own right. However, the contracting authority may agree that the contractor to continue the execution of the contract by the time necessary in order to avoid damage to the public interest.
Article 8 temporary Union of companies 1. Several contractors can be set up in temporary Union of companies (UTE) in order to submit a joint bid and execute the contract of collective form. A contractor cannot submit a bid individually and at the same time as a member of a JOINT VENTURE, nor as a member of more than one JOINT VENTURE.
2. The JOINT VENTURE was set up only for certain contracts, so that their performance will not be extended beyond these contracts.
3. Contractors established in a JOINT VENTURE jointly respond in front of the administration of all the damages that the JOINT VENTURE has caused.
4. All contractors established in a JOINT VENTURE must be legitimate individually by contract, in accordance with the provisions of article 7.
Article 9 foreign Contractors 1. Foreign persons, natural or legal, who wish to enter into contracts with the Government of Andorra must meet the following requirements: a) Having full capacity to enter into a contract and be bound in accordance with the legislation of the country of origin.
b) to submit to the jurisdiction of the Andorran courts with respect to all matters arising from bidding and the execution of the contract.
c) Pay the expenses of translation, if the Government asks, with respect to the documentation presented no written in Catalan.
d) Formulated the propositions preferably in euros. Otherwise the equivalence should be referred to the day prior to the presentation of the offer, facilitated by the Andorran National Institute of finance.
e) in the case of works contracts, commit to ask permission of opening of temporary residence in Andorra, and to keep it during the execution of the contract.
f) in the case of contracts for the management of public services, commit to setting up a company to Andorran actions, for a duration equal to that of the concession, I have to object only the management of the service given, and to open the relevant establishment in Andorra.
2. Compliance with the requirements a) b) and c) of the preceding paragraph we must demonstrate and should be qualified to the Evaluation Committee or, where appropriate, by the contracting authority.
Article 10 Requirements contracts 1. The contracts must have a certain object, which must be justified in accordance with the purposes of the public service in question.
The particular object can consist of a set of open and indeterminate nature meet for a year.
2. the contracts must provide for a certain price, expressed in money, notwithstanding that they may include price review clauses. In any case, the contracting bodies must ensure that the price of the contracts is suitable to the market.
3. Contracts will write, except in cases against established by law, in accordance with the principles of publicity and concurrence; are understood methods with the final adjudication in the case of auction or tender or, where appropriate, with the concurrence of wills in the case of direct purchase, and will be formalised in an administrative document, if an express provision does not require the form notarized.
Article 11 revision of prices 1. The contracts referred to in this law, the duration of which exceeds one year, may be the subject of review of the established price, after the first annual period of execution.
2. The formulas or systems of review of prices must be fixed in the administrative terms. However, the Government and the communes can approve formulas or type systems applicable to different kinds of contracts of the respective administration and parapublic entities or public law reporting.
Article 12 administrative clauses and tender technical specifications 1. Before bidding, or, if this is the case, of the direct award, the contracting authority must approve a list of administrative terms and conditions, or operating conditions, which must include the contract agreements.
2. The contracting authority must approve as well, before bidding or, if this is the case, of the direct award, a technical specifications document that have to govern the execution of the contract.
3. The Government and the communes can approve folds of administrative terms
and general technical specification sheets, common to all the administrative contracts of the respective administration and parapublic entities or public law reporting.
Chapter II. Contract of works Article 13 Object of the contract 1. Are contracts of works that are intended to: a) the execution of earthworks, retaining structures, slope treatment and consolidation of land.
b) the construction of bridges, viaducts, tunnels, hydraulic works and other major structures, monuments, buildings of all types and any similar civil engineering accomplishment.
c) the realization of transport infrastructures and services, and electrical, mechanical, telecommunications, and other hydrological analogous.
d) the refurbishment, repair, demolition, replacement or preservation of the works related to the previous paragraphs), b) and (c)).
2. Public administrations can provide, in whole or in part, materials, facilities or other means for the execution of the works.
Article 14 phases of The procurement procedure of the contract consists of the following stages: a) writing project and ancillary documentation and administrative clauses and tender technical specifications individuals.
b) Approval of the project and of the tender by the contracting authority.
d) award of the contract.
e) Formalization of the contract.
f) reconsideration of the work.
Article 15 project scope 1. As a general rule projects should refer to collected works, that is to say, that can satisfy completely the general use or public service that motivates, and must understand each and every one of the elements necessary for the use of the work.
2. As an exception, you can create separate corresponding projects in the case of works with distinct parts. However, the elaboration of separate projects can not answer the purpose of decreasing the amount of the contract in order to evade the rules otherwise applicable.
Article 16-contents of the project 1. The projects that relate to works of first establishment, reform or large repair and, in particular, mentioned in paragraphs a), b) and c) of paragraph 1 of article 13, must contain, as a minimum: A) in general: a) a memory, you have to express to satisfy needs and the factors to be taken into account, and, especially, the following tests : a) "Redemption", the concept that indicates and reasons the calculation of a period of life or normal duration of the work, without the need for any more spending than their ordinary conservation, and b) "maintenance and conservation", a concept that specifically the attention that should be devoted to the entertainment of the work and cost during the repayment period.
b) the plans and detail needed for the work is perfectly defined, with prior verification of the possibility of execution of the project.
c) a budget, which must express necessarily unitary prices descompostos, cubicacions States and measurements and precise details for your assessment.
The Government and the communes can approve annually a unitary prices.
B) in particular, if the amount of the work is greater than the amount that the law of the general budget or the budget of the common question fix each year.
a) a program of development of the work in time and optimal cost.
b) in the event that the work must be the subject of appropriate economic and administrative studies, exploitation, paid respect to the regime of use and the applicable rates.
2. In the event that the successful tenderer has presented the project of the contracting administration work can be limited to drafting the technical bases to which the project has been on hold.
Article 17 different types of contract 1. The contract can be ordinary, urgent or an emergency.
2. The ordinary contract is the one that has no emergency or urgent as the two following sections.
3. urgent procurement is the relative to the adjudication of works which needed to speed up for reasons of public interest. The contracting authority must declare the urgency justifying it.
The processing of urgent procurement has the features following differential: a) Preference with regard to the processing of ordinary contracts.
b) reduction by half of the deadlines regarding the bidding and award of the contract.
c) beginning of the works from the award of the contract, although this has not been formalized.
4. The contracting of emergency is the relative to the works the adjudication of which is needed immediately as a result of catastrophic events or situations that involve serious risk to the public interest or social alarm. The contracting authority must declare this emergency justifying it.
The processing of the emergency contracting has the features following differential: a) the contracting authority has the direct execution of the works and contract freely. Immediately on notice to the Government or, if this is the case, the Common Council.
b) flows needed in order to pay the expenses corresponding with the character of "background to justify" in accordance with the applicable rules.
Article 18 forms of concession 1. The forms of concession contracts of works are the auction, the contest and the direct purchase.
2. The auction refers to a type of tender expressed in money, with the award to the proponent that, without going beyond this, presents proposition economically more advantageous.
3. In the contest the adjudication is the responsibility of the proponent that, overall, presents the most advantageous proposal without stick solely to its economic value, and without prejudice to the right of the Administration to declare the contest.
4. in the direct purchase of the contract is awarded to the bidder chosen by the contracting authority of discretionary form but justified.
5. The procedure of tendering can be open or restricted. In the procedure opened any employer legally entitled to hire may present a proposal. In the restricted procedure can only present propositions employers that request and be selected specifically for the client. For this purpose the administrative terms and conditions must establish the criteria governing admission targets in advance.
6. The contracting authority may have the direct realization of the works on the part of the Administration in the following cases:
a) lack of offers from companies for the execution of works qualified of urgency.
b) qualified Works of emergency.
c) works of little conservation, be considered as such the amount lower than the fixed each year by the law of the general budget or the budget of the common question.
Article 19 Auction 1. The auction can be applied to the works of lower amounts to 40 million pesetas (240,405 euros), provided that the execution did not require a special technical qualifications or the use of complex appliances or machinery.
2. The auction will be announced by edict, published in the official bulletin of the Principality of Andorra with a minimum of twenty-four days before the end of the deadline for submission of proposals, or 30 days in the case of the possibility of introducing foreign bidders.
3. The presentation of propositions implies acceptance of the conditions set out in the folds and you have to necessarily include the following documents: a) that certifies the personality of the tenderer.
b) on establishing the provisional Constitution of the deposit.
c) Any other than is expressly mentioned in the edict.
4. The Contracting Committee must be composed of: a) the appropriate Minister, the senior Consul or less or the Chairman of the Board of Directors of the company or entity of public law, depending on the case, or the person who delegate respectively, who presides over the Bureau.
b) A member, at least, representative of the contracting administration, serving as Secretary.
c) a representative of the General intervention or the communal regulatory body.
Article 20 provisional and final Award 1. The Evaluation Committee checks the documentation submitted, and proceeds to open the financial bids in public Act, agrees to the provisional award of the contract to the highest bidder. The temporary adjudication does not grant any rights to the successful tenderer.
2. The final award will confirm the provisional except in the following cases: a) When the Evaluation Committee has made provisional the award with violation of the law, in the opinion of the Board of government procurement.
b) When the contracting authority to detect, after the opening of the documentation, errors or anomalies in the offer of the interim award.
c) When the contracting authority if it fonamentadament that the proposition may not be accomplished normally as a result of disproportionate casualties or reckless driving. In these cases, the contracting authority should inform the administrative contracting Board, after hearing of the tenderer in question.
3. The disproportionate or reckless of the low seen in accordance with objective criteria that are established by the regulations. To declare it previously asked why the report allegedly bidder or bidders it affects, and the technical advice of the corresponding service.
4. The definitive are published by the client in the official bulletin of the Principality of Andorra, with an indication of the contracting authority, the date of the final award, the identity of the successful bidder, the name and location of the work, the true price of the contract and the term of execution.
Article 21 the competition 1. Are made by competition following works contracts: in) those who do not allow the setting of a final budget.
b) which refer to works projects or technical specifications which have not been established previously by the Administration and the preliminary projects have to present the bidders.
c) those related to technology, especially advanced or to the execution of which is particularly complex.
d) and, in any case, the amount exceeding 40 million pesetas (240,405 euros).
2. The projects of more than 20 million budget (€ 120,203) are subject to public information, if appropriate to do so by the contracting authority, hearing the Board of government procurement, through edict published in the Official Gazette of the Principality of Andorra, for a period of twenty days, extendable by a further twenty, so that those interested can formulate observations, which may be given or not at its own discretion to the contracting authority.
3. The projects and in the folds of clauses of contests have deciphered the basic criteria to be taken into account for the award of the contract, and also the administrative classification and corresponding category.
4. The bidders can enter in their statements the modifications they consider most suitable for the execution of the contract, within the limits of the projects and of the clauses.
5. What is not expressly foreseen, the competition is governed by the rules of the auction that are applicable to their nature.
Article 22 direct contracting 1. The direct contracting may only be determined by the contracting authority when any of the following circumstances: a) it is not possible to promote the concurrent offer.
b) In works of recognised urgency the budget of which does not exceed the amount that the law of the general budget or the budget of the common question fix each year.
c) in the amount of which does not exceed the amount that the law of the general budget or the budget of the common question fix each year.
d) in the works that are declared by the Government or the Common Council of notorious artistic character, in accordance with the opinion of the competent body.
e) due to the technical specificity of the work, or if your implementation requires special security measures.
f additional work planned in the project not In) but that are not to be missed as a result of unforeseen circumstances, provided that the amount does not exceed 20 per 100 of the price of the contract, provided that the execution will pre-empt the contractor of the work.
2. In any case, and whenever possible, the contracting party should ask for an estimate or offer in writing at least three companies with the capacity for the execution of the contract. The bids are open to the Evaluation Committee, in public act.
Article 23 Formalization 1. The contract works, whatever their form of adjudication, is formalised within the deadline of thirty days from the contract or direct contracting.
2. If due to causes attributable to the successful tenderer cannot complete the contract before the deadline the Administration n agreed to the cancellation, with empowerment of the temporary deposit.
Rethinking of the work once the contract signed, is the verification of the rethinking of the work previously done by the contractor awarded, and which has the purpose to verify the geometric reality, the availability of the land necessary for its execution and that of all the elements that appear in the project approved. The new approach has been reflected in a record containing the relevant observations.
Article 25 Amendments 1. The Administration can modify the elements of the contract, within the limits set out in article 31 of this law.
2. The modifications that occur increase, reduction or removal of units of work, introduced during the execution of the contract by the contracting Administration, are mandatory for the contractor, without any right, in case of deletion or reduction of works, to claim compensation, notwithstanding the provisions of article 31.
3. Modifications to the contract must be the subject of formalization and must be published in the official bulletin of the Principality of Andorra with the same data related in the article 20.4.
Article 26 performance of the contract 1. The works have been run with strict subjection to the clauses of the contract and the project that serves as a base, all in accordance with the instructions you give to the successful tenderer the optional direction of the administration. During the execution of the works and until I have definitive reception site the successful bidder is responsible for the faults forewarned by the optional direction.
2. The contractor is obliged to comply with the deadlines set for the executing successively of the contract. If the execution of the contract is delayed for reasons attributable to the successful tenderer the Administration may opt either for the termination of the contract with loss of deposit or by the imposition of the sanctions provided for in the Convention or in the folds of the administrative clauses.
3. The Constitution of the contractor in default does not require personal interpellation or previous intimació on the part of the administration.
4. The performance of the contract is done at the risk and ventura of the contractor, so that there is no right to compensation because of losses, failures or damages caused to the works except in cases of force majeure; they are considered as cases of force majeure the fires caused by atmospheric electricity and the natural phenomena of catastrophic effects such as earthquakes, floods and other similar.
5. During the implementation of the works has been to bring a book that review the performance of the contract as well as the events and the changes that occur.
The operation of the book of orders has been regulated by regulatory pathway.
Article 27 qualification of the execution of the works 1. The quality of execution of the works is subject to qualification for the purposes of future contracts and statement, if this is the case, the responsibility of the contractor.
2. The qualification is done taking into account the following circumstances: to start and end Dates), in relation to the planned, rhythm and interrupts produced.
b) quality and quantity of the materials used, referring to the specifications in the contract, and the form of execution of the works. Especially it has to take into account the result of the quality of the analyses, if they have been rejected or if materials have been observed building vices that have been forced to apply sanctions or to carry out demolition and subsequent reconstruction.
c) other similar circumstances that may influence the rating and is issued stating this in the project and in the administrative terms or in particular of the work in question.
3. The quality of the execution will qualify, depending on the case, as "very good", "good" or "bad". The project or the folds of administrative clauses may contain objective bases and coefficients in order to make the grade.
4. The rating corresponds to the optional direction of the administration.
However, the grades "good" and "bad" must be approved by the contracting authority, after the hearing, in the second case, the contractor concerned, which may bring relevant resources against the decision of the contracting authority.
5. If before the end of the ten years referred to in article 30.1 appears hidden not appreciated in the rating, it will modify as required.
Article 28 suspension of the works if the Administration decides to the temporary suspension of the works by the time higher than the fifth part of the total execution term of the contract or, in any case, if exceeds six months, the successful tenderer shall have the right to receive compensation for damages suffered, duly verified, with the prior agreement of the Government or of the Common Council , depending on the case.
Article 29 the provisional Reception 1. The temporary reception of the works takes place within the month following their conclusion, and attended by a representative of the contracting Administration, the director of works, the successful bidder and the representative of the General intervention or the auditor of the ordinary.
2. Can be the subject of separate provisional reception, by decision of the Contracting Party, those parts of the work carried out within the deadlines set out in the contract.
3. If the works are in good condition and in accordance with the requirements provided for the representative of the contracting Administration gives to received provisionally and affect the use or the corresponding public service, and starts counting the warranty period. However, in all cases is retained, until the final reception, 5% of the amount of the work, which can be replaced at the request of the successful bidder, to an endorsement to first requirement established by a bank authorized to operate in the Principality of Andorra with indefinite validity.
4. If the works have defects or anomalies they retain the payment until they are properly amended by the successful tenderer, without prejudice to the retention or the guarantee mentioned in the previous section. The contracting authority determines the time needed for repairs and, in the event of non-compliance, you can declare the termination of the contract in accordance with article 31.
5. The warranty period set forth in the contract, taking into account the nature and complexity of the work and, unless in exceptional cases, may not be less than one year.
Article 30 definitive Reception 1. Within the month following the expiration of the warranty period is the
definitive reception of the works with the assistance of the same people referred to in the previous article. If the works are in due conditions are received with an ultimate and the contractor is exempt from any liability, unless within a period of ten years appear hidden due to defects in the execution of the works, or to the quality of the materials used.
2. With respect to the definitive reception applies the provisions of article 29.4 in regard to the provisional reception.
3. Within a period of three months from receipt or completion of the repairs will have to agree on the payment to the successful tenderer of the resulting balance, that is to say, the return of the retention or the cancellation of the guarantee as required, and of the security deposit.
Article 31 termination of the contract 1. Causes of termination of the contract of works: a) the breach of any clause of the contract.
b) modifications to the project, even if they are successive, involving, in isolation or together, alterations of the contract price in more or less than 20%, at least, of the amount, or represent a substantial alteration of the initial project, defined when you modify the purposes and basic features of the initial project or when the replacement of units of work affect at least 50% of the price of the contract.
c) The definitive suspension of the works, or higher in six months, determined by the administration.
of the death of the individual or contractor) the termination of the temporary Union of companies or of the legal status of the contracting company.
e) filing for bankruptcy or suspension of payments of the successful tenderer.
f) mutual agreement between the contractor and the Government.
g) material errors of the project prepared by the administration which affect the price of the contract, at least, in more or less than 20%.
h.) the other that the agreement set on purpose.
2. The termination of the contract is the competence of the Government, of the Common Council and the Board of Directors of the company, depending on the case, at the request of the contracting authority. The successful tenderer may urge the termination of the contract supported the provisions of the previous section.
3. If the contract is resolved because the contractor is confiscated the deposit and retention of warranty, and should compensate the directors for damages caused.
4. After the termination of a contract of works will proceed to its liquidation and payment to the successful tenderer, if applicable.
Article 32 the contract Assignment and subcontracting of works 1. The works can be transferred to third parties with the express permission of the Administration client.
2. Unless they have expressly otherwise the successful tenderer can arrange with third parties the performance of certain work units and facilities of the building, with the prior authorization of the contracting Administration. When, for the award of the contract is required by a particular classification, the company has subcontracted from the classification that corresponds to the units of subcontracted work.
3. The sub-contractors are only required in front of the main contractor, which assumes, therefore, the total responsibility for the execution of the contract in the face of the Administration, with strict subjection to the folds of administrative terms and technical specification.
Article 33 works of private initiative 1. The natural or legal persons of Andorran nationality, or foreign, who are interested in the execution of works of public competition can be established in an administrative Association and ask the Administration to carry out these works, all pledging to assume the part of cost that will suit you with the administration.
2. The legitimacy to promote the Association properly, the head down, the owners of properties included in the area of influence of the works. Once set up the Association any of these owners cannot excuse to belong to it.
3. If the Administration accepts the proposal of distribution among the members of the Association of the assumed expenditure takes place by agreement between them, while the payment of the amounts shall be determined by common agreement between the Administration and the Association.
Chapter III. The contract for the management of public services to which the contract Article 34 1. Public service management contracts are contracts by which the Administration entrusted the indirect management of a service of your competition to a person, physical or legal entities, provided that the service have economic content and does not involve the exercise of authority cannot be overlooked.
2. Is not considered hiring the management of public services the epitome of services through the creation of entities public or parapublic destined to manage.
3. Contracts have to express clearly its scope of application, both in the field and in the functional planning, and must include the necessary specifications to determine the scope of the benefits for citizens.
4. The recruitment of management may not have perpetual or indefinite but may have a maximum duration of 50 years, including the extensions provided for in the contract.
5. The Administration retains the powers of surveillance and control necessary to ensure the smooth running of the service in question.
b) Approval of the project and/or of the specification.
Article 36 types of contracting the contracting of public service adopts one of the following: a) concession, under which the dealer carries out the management of the service by account and risk.
b) Coordination with a natural or legal person who no longer perform services analogous to those that make up the public service in question.
c) creation of a public company, you have the obligations and the rights of dealers.
Article 37 forms of concession 1. Public service management contracts are awarded, as a general rule, the procedure of the contest.
2. However, the direct purchase can take place in the following cases: a) for services with respect to which you can not promote competition or when exceptional circumstances duly justified, appropriate not to promote it.
b) for services advertised in the competition who have not been awarded for lack of bidders or if the contest has become desert.
Signing the contracts for the management of public services, once awarded, should apply in any case in the administrative document.
Article 39 Amendments 1. The Administration may change for reasons of public interest duly justified the clauses of the contract. If the modification affects the financial regime of the agreement, the Administration has to compensate the contractor in order to maintain the economic equilibrium established in the contract, and to allow the continuation of its execution.
2. Modifications to the contract are the subject of formalization and are published in the official bulletin of the Principality of Andorra with the same data related in the article 20.4.
Article 40-performance of the contract the successful tenderer is obliged to carry out the necessary works and to organize the service with strict subjection to the clauses of the contract and within the deadlines.
Article 41 Termination of the contract 1. Causes of termination of a contract for the management of public services: a) the resolution for non-compliance.
b) reversal of the service to the administration by expiration of the deadline and, if this is the case, the extension or extensions.
c) the rescue service on the part of the administration.
d) the deletion of the service for reasons of public interest, duly justified.
e) The emergence of a force majeure which does not allow the continuation of the service in the terms and conditions stipulated in the contract.
2. In the event of termination for breach of the successful tenderer is announced the loss of the deposit.
3. At the end of the term of the contract or the extensions the service reverts to the Administration the works and installations in proper state of preservation, without right to compensation, except clause against contained in the contract.
4. In the case of resolution without fault of the successful tenderer, and rescue of deletion, this one has the right to appropriate compensation.
Article 42 transfer of contracts and subcontracting of ancillary prohibits the transfer of the contract for the management of public services. However, the successful tenderer may outsource the management of ancillary, with the prior authorization of the contracting authority.
Article 43 Referral rules in all matters not foreseen in the present chapter applies the provisions of chapter II in relation to the works.
Chapter IV. Supply contract Article 44 Object of the contract 1. The supply contract to the purchase of real estate by the Administration in what has any of the following characteristics: a) the employer is required to deliver a variety of goods, from succession and a unit price, with delivery subordinated to the needs of the Administration and without the total amount is set exactly at the time of the contract perfect.
b) that reference goods consumables or easy damage to the use.
c) that the good or goods to which the contract must be made by the contractor in accordance with the specific characteristics set by the administration.
2. Will qualify especially supply contracts, the following: a) for the purchase of real estate for the preparation or production of which the Administration client is obliged to provide the necessary materials in whole or in part.
b) Are for the acquisition of furniture in general, equipment, utensils, tools and equipment, programs and computer systems and equipment for its operation.
c) Are for the acquisition of vehicles and semovents.
d) The conservation and repair of real estate property in general.
3. The supply contract does not lose their rating although the contractor perform the installation accessory works and installation of the goods object of the contract, provided that these operations constitute an obligation provided for in the General conditions or in the proposed acquisition. If the above works represent, however, more than 50% of the price of the contract, this will qualify as a contract of works.
4. The acquisition of movable property of historical, artistic or monumental are governed by legislation of heritage.
Article 45 folds of rules 1. The contracting of supplies requires the approval of a general conditions.
2. To the tender rules relating to contracts for the supply of materials you should specify the number, quality, price and other characteristics.
The materials supplied must be counting and verification, even by analysis of their characteristics and quality. The Act of reception reflects the result of the recount and the verification.
3. In the supplies under the fold can be substituted for a proposed acquisition decisions. Are considered under the provisions that refer to goods consumables or easy damage to the use, the amount of which does not exceed the amount that the law of the general budget or the budget of the common question fix each year.
Article 46 forms of concession 1. The supply contracts are awarded, as a general rule, the procedure of the contest.
2. The direct purchase can only be used in the following cases: a) disabled or undesirability of promoting competition in the offer.
b) Recognised urgency that required the speedy disposal of the goods.
c) Tenders removed unassigned in the competition due to lack of participants, to rejection of the tenders or for non-compliance, on the part of the successful tenderer, the necessary conditions in order to formalize the contract.
d) need for additional deliveries made by the original supplier, for the partial renewal or the extension of existing supplies or installations, where a change of supplier requiring the Administration to acquire a different technical equipment involving incompatibility or disproportionate technical difficulties in the conditions of use or maintenance.
e) minor Supplies.
f) technical Specificity of the product, or need for special security measures to manufacture it or provide it.
g) Goods the uniformity of which has been declared to be required by the contracting Administration, provided that the adoption of the model in question has been carried out previously and independently by means of competition.
3. In the event of paragraphs), b), c) and d) of the preceding paragraph, the contracting authority should request a quote or written offer at least three companies with the capacity for the execution of the contract. The bids submitted must be open to the Evaluation Committee, in public act.
Article 47 Formalization
1. The goods object of the supply are received with the corresponding conformity.
2. In direct purchases of supplies under the Bill replaces the contractual document and record of compliance.
Article 48 Amendments the Administration may modify the supply contract by reason of the real needs of the service recipient of the supply, with the limits that the General conditions established.
Article 49 performance of the contract 1. The successful tenderer is obliged to deliver the things in the time and place fixed in the contract and in accordance with the General conditions, with the risk and expense by his.
2. In any case, and especially in supply contracts that will be formalized with foreign companies, the true price of the contract, fixed in the General conditions or in the proposed acquisition, cannot raise any delivery charges or transport to the place fixed or other circumstances, saved the contract expressly foreseen it.
Article 50 warranty period 1. Once carried out the supply starts to count the warranty period stipulated in the General conditions or in the proposed acquisition.
2. If, during the warranty period is credited the existence of faults or defects in the thing sold, the successful tenderer must replenish the inappropriate goods or must proceed with the repair, if that is enough.
3. After the warranty period without the Administration has formulated objection or complaint the successful tenderer is exempt from liability by reason of the supply contract.
Article 51 Referral rules in all matters not foreseen in the present chapter applies the provisions of chapter II in relation to the works.
Chapter v. technical work and service contracts Article 52 subject to hiring 1. The work of technical work are intended to the technical work of research and writing project, direction, supervision and control of the implementation and maintenance of works, and the implementation of organizational systems.
2. The contracts of services are intended: a) Provide maintenance work, maintenance, cleaning and repair of goods, equipment and facilities.
b) Prepare programs and computer systems.
c) to carry out audits of accounts.
d) subscribe to insurance.
Article 53 Specialty contracting 1. The contracts referred to in the present chapter does not involve any kind of civil servant employment relationship or between the Administration and the contractor.
2. It is not required the approval of administrative clauses and tender technical specifications or tender rules. However, the contract must be set with the content and the scope of benefits.
3. You can set the partial payment in advance of the amount of the order.
4. These contracts cannot be passed or total outsourcing. Can be the object of partial subcontracting, with previous information from the contracting authority, through collaboration, risk and under the responsibility of the successful bidder, other companies or professionals.
5. the service contracts may not have a term longer than four years. If it is envisaged in the contract modification and extension by mutual agreement, the duration of the contract, including extensions, may not exceed six years. The contracts of services that are complementary to contracts of works or supplies may have a period of validity, which in any case exceed the period of duration of the main contract.
Article 54 the form of the award 1. The normal procedure for the award of these contracts is the contest, except for the contracts referred to in point 2 of this article.
2. the contracts referred to in article 52.1 of less than 2 million pesetas (12,021 euros), the Contracting Party shall, whenever possible and before formalising the contract, should consult at least three companies or professionals with the ability for the execution of the contract. Once the selection of the company or of the professional, the client there are worth the price the way and other conditions of the Commission.
3. In the case of paragraph (2) are potestatives the publication of edict and the establishment of Evaluation Committee.
Chapter VI. Administrative classification of contractors and the register of contracts Article 55 the concept and scope of the administrative classification of works contractors 1. To contract with the Government running a budget in excess of 20 million pesetas (120,203 euros) the contractor must have the administrative classification of contractor of works in question.
2. The administrative classification confirms that the company in question has organizational capacity, technical means and appropriate human and financial resources for the execution of certain types of works.
3. The administrative classification is to include companies that request in one or more groups, corresponding to different types of works; in one or several distinct subgroups within each group, and in one or several categories within each subgroup, which determine the annual amount of the works that can be executed by the company classified according to their organizational, technical and financial capacity. The details of the groups, sub-groups and categories is fixed by the regulations.
4. The administrative classification, in the area of general administration, is approved by resolution of the Government at the proposal of the Board of government procurement, and is documented in a certificate delivered by the Ministry of finance.
Article 56 the classification requirements for contractors of work 1. The inclusion in a particular subgroup of works requires the fulfilment by the contractor of any of the following conditions: a) Have executed works of specific subgroup for the past five years.
b) have executed, during the last five years, specific works of other similar subgroups of the same group. Are understood by similar subgroups are presented important analogies with regard to enforcement systems and equipment in use.
c) have executed, during the last five years, specific works of other subgroups of the same group that presented a greater complexity in terms of execution systems and equipment in use for the subgroup in question can be considered as depending on a few of those.
d) in all cases, without the need of having executed specific works of the subgroup over the past five years, availability of qualified and experienced technical staff with a minimum of one year in the company of the contractor
concerned and of machinery and equipment of special application to the type of work in which the subgroup is concerned and of sufficient financial resources.
2. The inclusion in a particular group requires the fulfilment by the contractor of the conditions for its classification in subgroups of each group that are laid down in the regulations.
Article 57 application, processing and approval of the classification 1. The granting of administrative classification of contractor of works required by the request to the Minister of finance with the documentation indicated in the regulations.
2. The processing of the application, which is done in the manner established by regulation, concludes in any case with a proposal of the Minister of Finance to the Government.
3. The Government must resolve the request within a maximum period of two months.
Once these two months have elapsed without agreement the request is understood to have denied.
Article 58 validity and revision of the classification 1. The validity of the classification is four years from the notification of the grant.
2. The administrative classification is not renewed automatically. The renewal must be expressly requested by the contractor filed three months before, at least, the end of the period of validity, with justification of requirements established by the regulations.
3. Any contractor who has classification may request a review of the current classification at the end of a year of your grant if you have modified the items objectives that justified.
4. The applications for renewal, of new classification to the previous expiry review and must follow the same procedures described in article 57.
Article 59 the concept and scope of the administrative classification of suppliers 1. To enter into contracts with the general administration budget goods supply in excess of 10 million pesetas (60,102 euros) the employer must have the administrative classification of corresponding supplier company.
2. The administrative classification confirms that the company what it is has organizational capacity, technical means and appropriate human and financial resources to serve certain supplies, and is documented in a certificate delivered by the Ministry of finance.
Article 60 type of supplies 1. The groups of goods that become fixed for the purposes of the administrative classification of suppliers must be set by the regulations.
If this is the case, the Government, at the proposal of the Board of government procurement, may establish sub-groups according to the nature of the goods.
2. The category of contracts is fixed in view of the nature of the goods included in each group and, where applicable, for each subgroup. Except in special cases there is no maximum limit for contracting within each group or subgroup.
Article 61 requirements of the classification by the employers providers inclusion in a group or subgroup determined requires the fulfilment by the employer of the following conditions: A) in terms of organizational capacity, to demonstrate that the company is in a situation of normal functioning in accordance with their characteristics.
B) regarding the technical means, that you can justify them in any or some of these ways: a) a list of the main supplies made over the past five years, indicating their amounts, nature and characteristics, dates and recipients, accompanied by the relevant supporting documentation.
b) description of the technical team, and of the measures applied by the supplier in order to guarantee the quality of the goods and the means of study and research of the company.
c) Indication of the technicians or not integrated to the company, in charge of the quality control and after-sales service.
d) samples, descriptions and photographs of the goods from the twist and the traffic of the company.
C) regarding the financial resources, which can prove, by means of a bank certificate, which has proper amount to meet supply contracts up to certain limits.
D) about human resources, through certification of workers social security declared during the last three exercises and, whenever appropriate, of the contracts of collaboration of technicians and professionals.
E) in any case, without having made specific provisions for the group or subgroup determined during the last five years, have sufficient financial resources and demonstrate that the company is in a situation of normal functioning in accordance with their characteristics.
Article 62 application, processing and approval of the classification standards for the article 57 of this law are applicable to the regulation, the processing of the application and the approval of the administrative classification of suppliers.
Article 63 Duration and revision of the classification 1. The validity of the classification is two years from the notification of the grant.
2. The administrative classification is automatically renewed for periods of two years, unless the Government, at the proposal of the Board of government procurement, remember, before the end of the period of validity or renewal, revision or cessation of the classification. In these cases, the employer may be lodged corresponding resources or to request again the classification, all justifying compliance with the requirements set out in article 61. The Government has to solve within a period of two months during which the employer can take part in tenders with the previous classification.
3. Requests for new classification follow the same procedure established in article 62.
Article 64 Board of government procurement 1. Is created in the Ministry of finance the Board of government procurement.
2. The Board is composed of the Minister of finance, or an officer delegated by him, that the chairs; a representative of the General intervention, and of the directors of parapublic institutions and Department to be determined by regulatory and can delegate to a post of the company or the respective Department.
3. The Board has the following functions: to) Verify administrative classification requests and the attached documents and well-founded proposals corresponding to the Minister of finance, as determined by the regulations.
b) Promote general measures rules or that it considers appropriate in order to improve the system of contracting in the administrative, technical or economic aspects.
c) Inform the Government, at the request of the Government, on any matter related to the procurement, and especially in cases of interpretation and resolution of doubts, when the contractor has formulated opposition.
d) the rest of functions that it infected the provisions currently in force.
Article 65 the register of Contracts 1. Is created in the Ministry of finance, depending on the Board of government procurement, the registration of contracts.
2. In the register of Contracts will take note, with clarifications indicated by the regulation, of the following aspects: a) the contracts signed by the Government.
b) modifications and extensions of the agreements mentioned above.
c) compliance or, if this is the case, the resolution of contracts.
3. The contractor must submit to the Board of government procurement, through the General intervention, a reliable copy of the contract within a period of one month from the date of completion, and also, the data that determines the regulation.
4. Access to the register of Contracts is public.
Chapter VII. Article 66 guarantees provisional Guarantee 1. It is essential requirement to bid with the administrations have previously established a provisional deposit of 2% of the total amount of the tender type, except in the case of article 69.
2. The provisional deposit can be set up in cash or through cash guarantee of bank authorized to operate in the Principality of Andorra.
3. The provisional deposit is returned immediately after the final award of the contract, except that of the successful tenderer, which is retained until the completion of the contract.
Article 67 1 ultimate Guarantee. The tender of contracts are required to set up, before the formalization of the contract, a deposit of 5% of the amount of the adjudication, augmented by a 10% of the difference between the amount of types of bidding and the award, if less, except in the cases provided for in article 69.
2. The amount of the deposit sum may be increased by agreement of the Contracting Party, if the characteristics of the contract so advise.
3. The deposit sum is affected primarily the responsibility arising out of the contract, and to make it effective, the Administration has preference over any other creditor, irrespective of the nature of this and the title on which is based its claim, specific legal preferences saved.
Article 68 phasing out of the guarantee once approved the reception and the final settlement of the amount of the security deposit is returned or, where appropriate, will cancel the guarantee, within a period of one month.
Article 69 Contracts without warranty is not necessary the establishment of deposit in the following contracts: contracts in which the supplies) in the payment of the price and delivery conditions of goods.
b) supply contracts of the kind mentioned in article 44.1 in).
c) contracts of technical work and services.
Additional provisions first application of this law to the law of contract of Commons Are common, within a period of three months from the entry into force of the present law, have to adapt their laws to the same general contractual.
Second application of this law to the law of the contract of the public or parapublic entities dependent on the general public or parapublic entities, dependent on the general administration, must submit to the Government, within a period of three months from the entry into force of the present law, a proposal for the adaptation of their legislation specific to this law , except in the matters in which the uniqueness of each entity does not require a different regulation, especially with regard to entities of a commercial, industrial, financial or similar.
Third application of this law to contracts held by the General Council The present law is of application to contracts for works, supplies, technical and service works held by the General Council and contracting authority is the Presidency.
Transitional provision the obligation established in paragraph e) of article 9 is on hold until it approved the rules that allow foreign companies opening a temporary residence in Andorra.
Repealing provision Is repealed public procurement Act, of 30 December 1985 and, likewise, all the norms that contravene the provisions of the present Law or versus offline.
Final provision this law shall enter into force three months after the date of publication in the official bulletin of the Principality of Andorra.
Casa de la Vall, 9 November 2000 Francesc Areny Casal Syndic General Us the co-princes the sancionem and promulguem and let's get the publication in the official bulletin of the Principality of Andorra.
Jacques Crirac Joan Marti Alanis, President of the French Republic the Bishop of Urgell Co-prince of Andorra Co-prince of Andorra