Contracts of contracting authorities that do not have the status of Public Ad...

taslima333

As is clear from the name, non-Public Administration contracting authorities are entities that are not considered Administration, but have the power to award public sector contracts in order to satisfy needs of general interest. They also respond to the acronym PNAPS. See article d) and e) of Law /, of November , on Public Sector Contracts by which the Directives of the European Parliament and of the Council //EU and / are transposed into the Spanish legal system. /EU, of February , (hereinafter, LCSP), which provides that the following are considered contracting powers : “d) All other entities with their own legal personality other than those expressed in the previous letters that have been created specifically to satisfy needs of general interest that do not have an industrial or commercial nature, provided that one or more subjects that must be considered the contracting power of In accordance with the criteria of this section , they mostly finance their activity; well control their management; or appoint more than half of the members of its administrative, management or supervisory body. e) The associations constituted by the entities mentioned in the previous letters.

Its legal regime is stipulated in Title I, under the heading of “Contracts of contracting authorities that do not have the status of Public Administrations” of the LCSP. Specifically in articles to II. Preparation and award of contracts In accordance with articles and of the LCSP, the preparation and awarding of contracts by contracting authorities that do not have Cell Phone Number List the status of Public Administration is different depending on whether we are dealing with (i) harmonized regulation contracts or (ii) non-subject contracts. to harmonized regulation. Let's go by parts. A) The preparation and award of contracts subject to harmonized regulation (SARA) . In order to be able to know what the appropriate procedure is for a contracting authority that does not have the status of Public Administration, to be able to award a contract subject to harmonized regulation, we must go to Sections and of Chapter I of Title I of Book II. of the LCSP. Consequently, contracting authorities that do not have the status of Public Administration must, in any case, respect the rules contained in articles to of the LCSP, specific to actions related to contracting by Public Administrations. We therefore observe that, without these entities being “Public Administration”, they process the procedure as if they were. B) The preparation and award of contracts not subject to harmonized regulation (NOT SARA).



To know what actions must be followed by contracting authorities that do not have the status of Public Administration, that wish to award a contract not subject to harmonized regulation, we must look at the specific case. Thus, on the one hand, the contract may be awarded directly to an entrepreneur who has the capacity to act and who has professional authorization to execute it if: the contract - for works, concession of works or concession of services - has an estimated value less than , euros or If the service or supply contract has an estimated value of less than , euros. On the other hand, the appropriate procedure is that provided for in Section of Chapter II of the LCSP, when: the works contract, works concession or service concession has an estimated value equal to or greater than , euros, but less to ,, euros or The supply contract has an estimated value greater than , euros and less than , euros. The main novelty with respect to the award of NON-SARA contracts by contracting authorities that do not have the status of Public Administration , according to the Preamble of the LCSP, is to have eliminated all instructions related to this purpose, and must award these contracts by the same procedures stipulated for those held by Public Administrations.