Portal de Murcia

www.portaldemurcia.com

• Home
• Business
• Hotels
• Restaurants
• News
• Advertisement

The Recruitment Service led by Councilor Mario Gómez has designed an action protocol, with six sections, which includes the instructions for the suspension of municipal contracts in force on March 13, 2020 that are not essential.

I. Identification and causes

According to the protocol, which is addressed to all the departments, heads of service and municipal areas, it must be determined in what situation each of the contracts are as a result of the following circumstances:

1. Contracts that have been suspended as a result of the Agreement of the Governing Board of March 13, 2020.

2. Contracts whose provision or execution is impossible due to the measures adopted by any of the state, autonomous or local Administrations.

3. Contracts in which its provision or execution becomes impossible as a consequence of the COVID-19 health crisis.

II.

Automatic suspension

Likewise, the person in charge of the contract / facultative director must verify in writing the circumstances that make all or part of the provision or execution impossible (identifying, where appropriate, the part that can continue from the one that does not) and the date on which they have occurred, understanding that the contract is automatically suspended from the date that is stated for this purpose.

Said document shall preferably take the form of a suspension certificate to be formalized by the person responsible for the contract / medical director and the contractor's representative.

If the minutes cannot be extended for any circumstance that makes it impossible for them to sign, it will take the form of a report.

The contract monitoring unit will be in charge of sending the contractor the document that is issued and a copy of the list of contracts drawn up and of the document will also be sent to the Contracting Service for their knowledge.

III.

Monitoring and control

This action protocol also establishes a follow-up and control of appreciation during the duration of the health crisis by the different municipal services and areas on the changes that may arise to proceed to lift the suspension or suspend contracts that to date have not they were.

IV.

Lifting the suspension

Another aspect of the protocol refers to the lifting of the suspension, once the circumstances described in section I on Identification and causes cease.

In this way, the person responsible for the contract / medical director will record this fact in writing, specifying for this purpose the end date of the suspension of the contract and the date of resumption of the contract.

Said document will preferably adopt the form of the lifting of the suspension to be formalized by the person in charge of the contract / medical director and the representative of the contractor.

If the minutes cannot be extended for any circumstance that makes it impossible for them to sign, it will take the form of a report.

The document will also be transferred to the Recruitment Service.

The contracting authority will be in charge of adopting the suspension lifting agreement and notifying the contractor.

V. Compensation

The contractors, once the circumstances responsible for the suspension have been assessed by the person responsible for the contract, may request compensation from the contracting authority for the concepts reflected in article 34 of Royal Decree-Law 8/2020.

Said requests must contain the reasons why the execution of the contract has become impossible;

the personnel, dependencies, vehicles, machinery, facilities and equipment assigned to the execution of the contract at that time;

and the reasons that make it impossible for the contractor to use the means mentioned in another contract.

The requests will be channeled through the person in charge of the contract / medical director, who must verify that the circumstances reflected by the contractor do or do not occur and that, accordingly, the payment of the compensation proceeds, or not, which will be recorded in a report that will be sent, together with the request, to the Recruitment Service.

This will submit a proposal to the contracting body to adopt the appropriate agreement within five (5) calendar days from the entry of the request.

SAW.

Term extensions and extensions

Likewise, contractors must request the extension or extension of the term of those contracts in force on March 18, 2020 in which they had incurred a delay in complying with the terms established in the contract, as a consequence of any of the circumstances in section I Identification and causes, stating the offer to fulfill its commitments.

Said request will be channeled through the person in charge of the contract / medical director, who must note in a report that said contract has not lost the purpose for which it was conceived, that the delay is not attributable to the contractor and that, effectively, the circumstances of section I Identification and causes stated by the contractor in its brief.

Likewise, in the report, in the event of the extension or extension proceeding, it will state the term determined for the fulfillment of the obligations of the contract.

Both documents (request and report) will be sent to the Contracting Service for the authorization or denial of the extension or extension of the initial term, by Decree of the Deputy Mayor for Development.

For those works contracts in which, in accordance with the work development program or work plan, the completion of its execution period was scheduled between March 14, the start date of the alarm state, and during the period that lasts the same, and that as a consequence of the circumstances reflected in section I Identification and Causes, the delivery of the work cannot take place, the contractor may also proceed in the manner reflected in the two preceding paragraphs.

Source: Ayuntamiento de Murcia