Portal de Murcia
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The proposal reached at the Governing Board will allow the process for the modification of the Instruction of April 2018 on the processing of minor contracts to be launched and adapted to the current Instruction 1/2019 of the Independent Office of Regulation and Supervision of Contracting (OIReScon), in order to ensure compliance with public procurement regulations.
For its adaptation, the person in charge of Development has explained that the reports of the Municipal Legal Services, Intervention and Contracting are required on the need, justification, transparency and documentation that the minor contract must contain.
Necessity and justification of the contract
In this way, one of the basic requirements is that the contracting authority motivates the need for the contract through a report that must contain the following requirements:
Determine who is the competent contracting authority
Justify the purpose of the contract
Justify the need and choice of procedure.
Justify the request for the corresponding budgets, a minimum of three, with the strict exceptions provided by law.
Reflect the data of the successful tenderer and justification of his choice
Indicate the budget application to which the expenditure is allocated, as well as the budget year
Certify certification and payment method
Neither fractionation nor collusive practices
Secondly, it is necessary to justify that the object of the contract is not being altered.
To do this you must inform:
About who is the competent contracting authority in minor contracts in districts.
Determine clearly what is meant by fractionation, so that the minor contract for works, services or supplies that should be contracted by some of the procedures with publicity provided by law, that had to be planned not to be used again.
On the non-existence of collusive practices in the offers presented.
Transparency
The last of the aspects to be addressed refers to the obligation of each contracting authority (which this adaptation must fix) to publish minor contracts, as well as the responsibilities derived from their breach.
After approval by the Government Board, the green light is given to the issuance of said adaptation so that minor contracts guarantee compliance with the law under the unification of criteria, avoiding interpretations of public procurement regulations.
"This procedure will allow the City of Murcia to act with transparency and efficiency, promoting competitive competition and minimizing hiring by finger," said Councilor Mario Gomez.
Source: Ayuntamiento de Murcia
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