Portal de Murcia
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The Councilor for Finance, Contracting and Urban Mobility, Eduardo Martínez-Oliva, today explained the criteria to be adopted by the City of Murcia to solve the problems caused in minor contracts after the entry into force of the new Law on Public Sector Contracts.
For this, each municipal service and each parish will be considered as an independent functional unit to apply the limit of € 40,000 for works contracts and € 15,000 for services and supplies.
The solution is based on the report prepared by the legal services of the City Council and taking into account the interpretation of the Consultative Board of Administrative Contracting of the State.
Thus, it is clarified that what the rule prevents is not that other minor contracts are entered into by the same economic operator without any limit, but that the prohibited conduct and that, consequently, must be the subject of the necessary justification, consists in that they celebrate successive contracts whose benefits constitute a unit and whose fragmentation is unjustified in two cases: either because there has been a previous contract of an amount above the threshold and that, however, is broken for no reason in other subsequent minor contracts with benefits that should have been part of of the first contract, or because this is done by unduly dividing the object in successive minor contracts.
The technicians clarify that the law seeks to avoid the fractioning of contracts with fraudulent nature, which is why it imposes the prohibition of contracting with a same provider above those amounts.
This problem, which affects most local administrations, requires understanding how far the scope of the contract object should be extended.
Simplified and reduced contracts
Applying this criterion, a large part of the pending invoices can be solved.
Following the criterion established by the law, which aims to make minor contracts become residual, the new contracts for simplified and reduced contracts have been put in place, which will replace the current contracts in the future. minors
The matter was analyzed this morning in a meeting held by councilors of all municipal groups and intervention technicians, government office, contracting, legal advice and decentralization.
Representatives of this last service will hold meetings with all the presidents of municipal boards to explain the procedure for minor contracts.
Source: Ayuntamiento de Murcia
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