Advanced Search

Order Hap/1098/2015, Of 11 June, Which Modifies The Order Eha/1049/2008, Of April 10, Declaration Of Centralized Procurement Of Goods And Services.

Original Language Title: Orden HAP/1098/2015, de 11 de junio, por la que se modifica la Orden EHA/1049/2008, de 10 de abril, de declaración de bienes y servicios de contratación centralizada.

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

TEXT

In the context of the recommendations made by the Committee on the Reform of Public Administrations (CORA) regarding the centralization of service and supply contracts, the Council of Ministers approved the Royal Decree 696/2013, of 20 September, for which the Royal Decree 256/2012 is amended, of 27 January, for which the basic organic structure of the Ministry of Finance and Public Administrations is developed. In the aforementioned Royal Decree, the Directorate General for Rationalization and Centralization of the Recruitment is created as a management body attached to the Undersecretary of the Ministry of Finance and Public Administrations.

In the same area of contracting services and supplies, the Report of the Committee on the Reform of Public Administrations raised an extension of the objective scope of centralised procurement by proposing a number of supply and service contract categories that are likely to centralize.

In this enlargement objective, the corresponding analysis has been carried out by the Directorate-General for Rationalization And Centralization of the Procurement that allow new categories of centralized contracting to be proposed.

In particular, non-inventorable office equipment, which will be centralised by means of the special type-adoption procedure, will therefore apply to it as provided for in Article 3 of the order in relation to the contracting out of the state centralised procurement system.

In addition, the ex post evaluation of the effectiveness of the institutional advertising campaigns that will be centralized through the conclusion of the corresponding contract will be centralized, so the provisions will apply. in Article 5 of the order in relation to the procurement on the margin of the State centralised procurement system. This centralization excludes certain types of campaigns such as those at international level or those related to the Organic Law 5/1985, of June 19, of the General Electoral Regime, among others.

On the other hand, Article 109.3 of Law 47/2003 of 26 November, General Budget provides that " centralised procurement may be declared with one or more credit institutions in order to concentrate and optimise the management of the funds referred to in this Article. The General Secretariat of the Treasury and Financial Policy shall be responsible for urging the Ministry of Finance and Public Administration to initiate the procedure and to determine the conditions under which the processing of the appropriate procedure should be carried out. framework agreement ".

Having produced such a request by the General Secretariat of the Treasury and Financial Policy, the declaration of centralization of the contracts of banking services in the terms indicated in the aforementioned Article.

The Directorate-General for Rationalization and Centralization of the Recruitment, in the exercise of the functions attributed in article 22.1.c) of Royal Decree 256/2012, has dealt with the proposal to raise the Minister of Finance and Public administrations the declaration of the contracts cited as centralized contracts, in accordance with Article 206 of the recast of the Law on Public Sector Contracts approved by Royal Legislative Decree 3/2011 of 14 November.

Moreover, the concept of an interested body mentioned in Article 206.3 of the recast text of the Law on Public Sector Contracts is regulated in detail in Article 6. possible configurations of the contracts based.

The Advisory Board of Administrative Contracting of the State has issued a report to the present order in accordance with the additional provision of Royal Decree 1098/2001 of 12 October, approving the General Regulation of the Law on Contracts of Public Administrations.

In your virtue I have:

Single item. Amendment of Order EHA/1049/2008 of 10 April of declaration of goods and services of centralised procurement.

Order EHA/1049/2008 of 10 April, declaration of centralised procurement goods and services, is amended as follows:

One. A final paragraph is added to Article 1, with the following wording:

"Supply of non-inventorable office material."

Two. Article 2 is amended as follows:

" 1. In the field established in Article 206.1 of the recast text of the Law on Public Sector Contracts approved by Royal Legislative Decree 3/2011 of 14 November, contracts for services are declared to be centralised. The following are related:

(a) Service contracts for the development of the Electronic Administration whose tender budget does not exceed EUR 862,000, excluding VAT, the object of which consists of:

1. Consultancy, planning, feasibility study, analysis, design, construction and implementation of information systems, and the maintenance of the applications developed under this modality.

2. Accommodation services in their different modalities, and remote operating and control services of information systems that support public electronic administration services.

b) Telecommunications service contracts.

(c) Service contracts for the purchase of spaces in the media and other advertising media relating to institutional advertising campaigns, excluding those whose characteristics may have the minor contract consideration.

(d) Contracts for private security services and control auxiliary services, excluding those whose characteristics may be considered as a minor contract.

e) Building comprehensive cleaning service contracts.

(f) Postal service contracts, excluding those whose characteristics may be considered as a minor contract.

g) Travel agency service contracts.

h) Contracts of assessment services ex post of the effectiveness of the institutional advertising campaigns of the General Administration of the State and other entities of the State public sector included in the field of the Law 29/2005, of 29 December, of Advertising and Institutional Communication whose dissemination is carried out within the national territory, excluding the campaigns included in the corresponding Annual Plan of Institutional Advertising that do not have costs, the campaigns included in the assumptions provided for in Article 50 of the Law Organic 5/1985 of 19 June, of the General Electoral Regime and the institutional campaigns whose assessment is mandatory and must be adapted to specific conditions in accordance with European Union regulations.

Also, the ex post evaluation of those campaigns whose hiring of spaces in media and other advertising media would have been considered is excluded from the present centralization. minor contract.

2. In the field set out in Article 109.3 of Law 47/2003 of 26 November, General Budget, contracts for bank services of current accounts, opened on national territory, are declared as centralised contracts outside the Banco de España. "

Three. Article 6 is added with the following wording:

" Article 6. Concept of body concerned.

Article 206.3 of the recast text of the Public Sector Contracts Act states that when the procurement of supplies, services or works is to be carried out by convening the parties in a framework agreement to a new In accordance with Article 198 (4) (a) to (d), the written consultation of employers capable of carrying out the benefit and the receipt and examination of the proposals shall be the responsibility of the body. interested in the award of the contract, which will raise the corresponding proposal to the General Streamlining and Centralization of Recruitment.

Taking into account the various possibilities for the configuration of contracts based, the concept of a body interested in the award may refer in each case to different bodies. For these purposes, the following assumptions are distinguished when the contracting authority is the Directorate-General for Rationalization And Centralisation of Recruitment:

(a) In the award of contracts based on framework agreements where there is only one recipient of the services, supplies or works, it shall be the addressee of the body concerned.

(b) In the award of contracts based on framework agreements in which services, supplies or works are addressed to a number of departments or bodies:

b.1) The Directorate-General for the rationalization and centralisation of the contracting authority may take the decision to initiate a procedure for the award of a contract based on the addressees of several departments or bodies if it is considered appropriate for reasons of effectiveness in meeting the objectives or efficiency in the management and use of public resources. In such cases, the Directorate-General for Rationalization And Centralisation of the Procurement Office shall be considered as a body concerned, unless the addressees are a ministerial department and bodies linked or dependent on it, in where appropriate, the consideration of the body concerned shall be given by the ministerial department.

b.2) For the same reasons of efficiency and efficiency, the Directorate-General for Rationalization And Centralisation of Recruitment may take the decision to apply for tenders which will apply to contracts based on each of the departments or bodies addressed to the goods or services included in that bid. In such cases, the Directorate-General for Rationalization And Centralisation of Recruitment will act as an interested body.

For your part, each of the departments or target agencies will process the corresponding financial expense file to meet your needs according to what is indicated in the offer. "

Single end disposition. Entry into force.

This order shall enter into force on the day following that of its publication in the "Official State Gazette".

Madrid, June 11, 2015.-The Minister of Finance and Public Administration, Cristobal Montoro Romero.