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.

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-6518

In the context of the recommendations made by the Commission for the official reformation of the public administrations (CORA) relating to centralization of services and supplies contracts, the Council of Ministers adopted the Royal Decree 696/2013, 20 September, amending Royal Decree 256/2012, 27 January, which develops the basic organizational structure of the Ministry of finance and public administration. The aforementioned Royal Decree creates the General direction of rationalization and centralization of procurement as governing body attached to the Undersecretary of the Ministry of finance and public administration.

In the same area of the procurement of services and supplies, the report itself of the Commission's reform of the administrations public raised an extension of the objective scope of centralized procurement by proposing a series of categories of contracts for supplies and services capable of centralizing.

In the objective of enlargement, the corresponding analysis have been by the General direction of rationalization and centralization of procurement enabling to propose new categories of centralized procurement.

In particular, office material inventoriable, which centralize through the special procedure of adoption of type, so won't you application as provided in article 3 of the order with regard to the hiring out of the State system of centralized procurement.

In addition, will centralize the evaluation ex post of the effectiveness of the institutional campaigns that centralize through the conclusion of the relevant contract for what will you apply the provisions of article 5 of the order with regard to the hiring out of the State system of centralized procurement. This centralization of certain types of campaigns are excluded as they are internationally or those related to the organic law 5/1985, of June 19, the General Electoral regime, among others.

On the other hand, article 109.3 of law 47/2003, of 26 November, General budget has that ' it may be declared procurement centralized to one or more credit institutions in order to focus and optimize the management of the funds referred to in this article. Shall be responsible for the General Directorate of the Treasury and financial policy to urge the Ministry of finance and public administration the initiation of the procedure and determine the conditions in which should develop the processing of the appropriate agreement framework.

Having produced such a request by the General Directorate of the Treasury and financial policy, comes the Declaration of centralization of contracts for banking services in the terms indicated in that article.

The General direction of rationalization and centralization of procurement, in the exercise of the functions conferred in article 22.1. c) of the Royal Decree 256/2012, has processed the proposal to raise to the Minister of finance and public administration statement of contracts listed as centralized contracts, pursuant to article 206 of the revised text of the Public Sector Contracts Act approved by Royal Legislative Decree 3/2011 , November 14.

On the other hand, it regulates in detail in article 6 the concept of interested agency mentioned in article 206.3 of the revised text of the law of contracts in the Public Sector in order to contemplate the possible configurations based contracts.

The consultative meeting of administrative contracting of State has issued a report to the present order under the first additional provision of the Royal Decree 1098 / 2001 of 12 October, which approves the General Regulation of the law of contracts of the administrations public.

By virtue have: single article. Modification of the order EHA/1049/2008, of April 10, Declaration of centralized procurement of goods and services.

Order EHA/1049/2008 of 10 April, Declaration of goods and services of centralized procurement, is hereby amended as follows: one. A final paragraph is added to article 1, with the following wording: "Provision of office supplies inventory."

Two. Amending article 2 which is worded as follows: the contracts of services aimed at the development of the electronic administration whose budget's bid does not exceed 862.000 euros» , Excluded V.A.T., whose purpose is to: 1. works of consulting, planning, study of feasibility, analysis, design, construction and implementation of information systems, and maintenance of applications developed under this modality.

2. services of accommodation in its various forms, and remote services of exploitation and control of information systems that provide support to electronic public services.

(b) contracts for telecommunications services.

(c) contracts of services aimed at the purchase of spaces in media and other advertising media relating to institutional advertising, excluding those whose characteristics can be regarded as minor contract.

(d) contracts for private security services and services auxiliary control, excluding those whose characteristics can be regarded as minor contract.

(e) comprehensive cleaning of buildings services contracts.

(f) contracts for postal services, excluding those whose characteristics can be regarded as minor contract.

(g) travel agency services contracts.

(h) contracts for ex assessment services post of the effectiveness of the advertising campaigns institutional of the General Administration of the State and other entities of the public sector including in the field of law 29/2005, of 29 December, publicity and institutional communication whose dissemination is developed within the national territory, with the exception of the campaigns included in its annual Plan of institutional advertising having no cost campaigns included in the cases provided for in article 50 of the organic law 5/1985, of 19 June, of the General Electoral regime, and institutional campaigns whose evaluation is mandatory and must comply with specific conditions in accordance with the regulations of the European Union.

This centralization also excludes the ex assessment post of those campaigns whose contract of purchase of spaces in media and other stands advertising would have consideration of minor contract.

2. within the scope set out in article 109.3 of law 47/2003, of 26 November, General budget, are declared centralized procurement contracts for banking services from checking accounts, open country, outside the Bank of Spain."

3. Article 6 with the following wording is added: 'article 6. Concept of interested agency.

Article 206.3 of the revised text of the Public Sector Contracts Act establishes that where the procurement of supplies, services or works must be done calling the parties to an agreement frame to a new tender in accordance with provisions in the letters to) to d) of paragraph 4 of article 198, the consultation in writing entrepreneurs capable of providing as well as the reception and examination of the propositions are the responsibility of the body interested in the award of the contract, which will raise the corresponding proposal to the General direction of the rationalization and centralization of procurement.

Taking into account the various possibilities of configuration based contracts, the concept of interested in awarding agency may refer in each case to various agencies. For this purpose, the following cases are distinguished when the contracting authority is the General Directorate of rationalization and centralization of procurement: to) in the award of contracts based on framework agreements only where there is a recipient of the services, supplies or works, is this recipient which has interested body consideration.

((b) in the award of contracts based on framework agreements in which you have by recipients of services, supplies or works to various departments or agencies: b.1) the General direction of rationalization and centralization of procurement may take the decision to initiate a procedure for the award of a contract based which recipients has several departments or agencies if deemed appropriate for reasons of efficiency in the fulfilment of goals or efficiency in the management and use of public resources. In these cases, will be considered interested agency the Directorate-General of rationalization and centralization of procurement, unless the recipients are a ministerial department and organizations linked or dependent on this, in which case consideration of interested agency shall have the ministerial department.
b.2) for the same reasons of effectiveness and efficiency, the General direction of rationalization and centralization of procurement may take decision to offer that applies to based contracts that correspond to each of the departments or organizations recipients of goods or services included in this quote request request. In these cases, the General direction of rationalization and centralization of procurement will act as interested body.

Furthermore, each of the departments or agencies recipients will provide corresponding financial record of spending to meet their needs as indicated in the offer.»

Sole final provision. Entry into force.

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

Madrid, 11 June 2015.-the Minister of finance and public administration, Cristóbal Montoro Romero.