Ley de Contratos del Sector Público - 9/2017 - Lotes
How to Exempt Lots from a Contract Subject to Harmonized Regulation?
Understanding Harmonized Regulation Thresholds
- Contracts subject to harmonized regulation include:
- Works and service concessions with an estimated value of €5,382,000 or more.
- Supply services executed by the General State Administration valued at €140,000 or more.
- New works by the General State Administration valued at €215,000 or more.
Requirements for Contracts Under Harmonized Regulation
- When contracts are under harmonized regulation, they must comply with specific requirements:
- Publication in the Official Journal of the European Union.
- Adherence to specific deadlines.
- The possibility of special appeals regarding contracting matters.
Articles Governing Lot Exemption
- Key articles (20, 21, and 22) outline conditions for calculating estimated values for contracts awarded in separate lots:
- If the total value of all lots equals or exceeds specified thresholds, harmonized regulations apply to each lot.
- All lots must adhere to harmonized contract characteristics if their cumulative value surpasses regulatory thresholds.
Conditions for Exempting Lots
- Contracting authorities can exempt lots from these rules if:
- Estimated value is below €1 million for works or €80,000 for supplies/services.
- The total value of exempted lots does not exceed 20% of the overall contract's accumulated value.
Example Scenario: Forest Works Contract
- A hypothetical forest works contract includes five lots with varying estimated values totaling €6.55 million:
- Lot 1: Preventive infrastructure against wildfires (€3 million).
- Lot 2: Wildfire prevention (€500,000).
- Lot 3: Sustainable forest management (€1.5 million).
- Lot 4: Support for land regeneration (€800,000).
- Lot 5: Ecosystem restoration (€750,000).
- Since the total exceeds regulatory thresholds, it is subject to harmonized regulations.
Applying Exemption Conditions
- For this scenario:
- Lots valued below €1 million can be exempted from compliance with harmonization rules.
- Lots eligible for exemption include those that do not exceed a combined total of €1.31 million (20% threshold).
- Possible combinations for exemption could include:
- Lots that meet both criteria while ensuring no single lot exceeds its respective limit.
Calculating Eligible Lots for Exemption
- To determine which lots can be exempted without exceeding limits:
- Calculate combinations such as Lot 2 and Lot 4 together (totaling €1.3 million), allowing them to proceed under simplified procedures.
- Alternatively,
Contracting Options and Conditions
Overview of Contracting Conditions
- The discussion revolves around a contracting option that is below one million euros, specifically under the 20% threshold. This indicates a focus on budget constraints in procurement processes.
- It is noted that similar conditions apply to supply and service contracts, where the limit is set at 80,000 euros instead of one million. This highlights different thresholds for various types of contracts.
- Both scenarios emphasize compliance with two main conditions: staying under specified monetary limits and adhering to percentage restrictions relative to the total estimated contract value.
- The speaker expresses hope that this information will assist viewers in resolving their doubts regarding these contracting options.