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Minor Contracting Instructions
14/12/2020
Minor Contracting Instructions
"CONTRACTING INSTRUCTIONS FOR MINOR CONTRACTS OF BENIFALLET CITY COUNCIL"
1.- What is the minor contract.
Minor contracts are those between 0.1 euro cents and 15,000 euros (supplies and services) and 40,000 euros (works), excluding VAT. They have a maximum duration of 1 year and are for specific needs and not periodic in time.
2.- Regula of the minor contract.
The minor contract is regulated in article 118 of Law 9/2017, of 8 November on Public Sector Contracts.
This article establishes that it is obligatory to process a contract file for minors, without referring to a minimum amount of expenditure only to the maximum operating limit, which must consist of:
- U A report from the contracting body motivating the need for the contract and the contract and the justification for nonsplitting and nonawarding to the same contracting company of contracts up to the limit of the amount of the minor.
- Approval of expenditure.
- Legal report of secretary.
- Incorporation into the invoice file.
- In the works contracts, incorporate the budget of the works and the project if it proceeds according to the regulations.
Taking into account the report of the Advisory Board of Administrative Contracting of the Generalitat de Catalunya 1/2018 of 20 April, and in relation to the article mentioned above:
- the ban on subscribing a Temporal scope certain volume of minor contracts with the same company refers to a budget year, and for the current year will be the initial calculation date, March 9, 2018 (date of entry into force on LCSP).
- The limitation of subscribing to a certain volume of minor contracts amb with the same company, refers to contracts of the same type (works, services and supplies) and with similar services. Therefore, even if the contract originates in different areas or units, this limitation will operate if the typology of the contracts is the same or the contracted service is similar.
- Although the benefits are different and so is the type of contract, if the goal is the splitting a contract, minors who are derived from it will be considered null and void.
3.- Documentation that will include the minor contract file
- Procurement report justifying the need for procurement signed by the technician, if applicable, and the mayor.
- PRL accreditation and RC insurance (when applicable)
- Project or report valued in the case of minor works contracts.
- Invoice (the invoice will include the RC number and the ACTIO file number, suppliers must be notified)
- Report of the secretariat.
- Approval of the spending obligation.
4.- Extremes that must be justidied by the contract report
- Reasons for hiring.
- Budget.
- Awarded company. If more than one budget has been requested, all of them will be listed and the criteria used to choose the successful bidder will be indicated.
- Term of execution of the contract if applicable.
- Table of conditions of execution of the contract if applicable.
- Justification that with the specific tender the object of the contract has not been altered to avoid the application of the general contracting rules.
- Justification that the contractor has not signed in the current budget year, more contracts less than individually or jointly exceed the figure set by the LCSP as a limit for minor procurement, which is set out in point 1 of these instructions.
5.- Procedure to be followed to approve a minor contract.
- The management center will request the credit withholding. Once signed, it is included in the file. If you need to request quotes, they will be requested from hiring through the contractor profile.
- In parallel, the area will open a case against ACTIO:
Procedural codes:
- 1387_ Exp ctte minor works
- 1411_ Exp ctte minor services
- 1432_ Exp ctte minor supply
A. inturested parties must inform the contractors
B. In order to close the file:
-Option 1: they add the Intervention processing unit as the processor when opening the file and so we can close the files once the invouce has been approved.
-Option 2: If the intervention unit is not processed, each area will have to ensure that the files are closed.
- The company must submit a responsible declaration (Annex III, validity of 6 months) or Certificate of registration in RELI or ROLECE (does not expire if circumstances do not change).
The area will consult the third-party database and if there is one of these documents, it will not be necessary to ask the company. If they are not present, the company will be required to enter to enter the contractor's profile, download the document and submit it electronically.
L’Ajuntament Benifallet City Council will receive the documentation for registration and will include it in the file and in the third-party repository for reuse. The area will be notified that the documentation has already been incorporated and will be able to continue with the processing.
- Procurement report (model of l’annex I: staff ACTIO Minor Procurement Report): in case quotes have been requested (prior to making this report) the report will justify the chosen budget the list of offers received and must contain the list of offers received and the selection criteria.
- When necessary, the contracting area will be required to claim PRL Accreditation and CR insurance from the company (a specific procedure will be created at ACTIO)
- The responsible technician, once the contract has been executed, will draw up the invoice, including the paragraph equivalent to the acknowledgment of receipt in accordance with it (found in Annex II) and will incorporate the invoice in the ACTIO file.
- The area will then request a legal report from the secretariat (ACTIO procedure: request for a legal report on minor contracts).
- Intervention will receive a notice and will go through the Plenary, a global fole that will include the relationship of individual filesinvoices. Once approved, the certificate of agreement will be included in each of the approved procurement files with the list.
- In the case of minor works, the valued report must be approved before the works are commissioned and always prior to incorporating the invoice into the file.
6. Grouped processing
The management unit will be able to process the expenses in a grouped way. Each management unit will choose the grouping procedure that it deems most appropriate fot its internal operation, and in accordance with the following types of grouping:
- Report grouped by activity (eg clotxa, Sant Joan)
- Report grouped by events (eg monthly or quarterly activities of the youth center)
- Report grouped by date (eg expenses to be incurred within one week of signing)
- Memory grouped by provider
These grouped procedures may accumulate costs corresponding to supply contracts and service contracts (not works). Expenses do not have to be paid at the same time, the invoices can be approved as they are received but for each invoice or group of invoices that you want to approve the secretarial report must be requested.
The conditions that must be met in order to carry out the group procedure are:
- None of the expenses included in the file, in relation to each supplier, may exceed 15,000 euros. The limit therefore does not operate in relation to the dossier, but in relation to each supplier encluded in the dossier.
- The contracting report that justifies the need for the different grouped contracts, must detail each supplier with whom it is contracted and in relation to each of them, indicate the costs broken down by concept and that do not exceed the contracting limit of the minor.
Processing of the grouped expenditure file:
- The management unit will make the corresponding RCs.
- The management unit will initate a single file with a single procurement report that will list all expenses and suppliers in the ACTIO.
- The invoices will be drawn up separately and all of them will be included in the ACTIO file.
- A single secretarial report will be made if all invoice are approved at once, or reports will be requested as bills are passed for approval.
- The certificate of the invoice approval agreement will be included.
7.How are the files of minor contracts that derive from an activity organized by the management area treated?
If the activity is internal, that is, there is no entity that requests it, the area will be able to decide;
- Open a single file (for the activity and for the minor contract with grouped expenses)
- Open two files (one to approve the activity, and another to approve the expenses on account of a minor contract with grouped expenses). If the activity is requested by an entity, two files will be opened, one to approve the activity, and the other to approve the expenses that are generated (id any) in the form of a minor contract with grouped expenses.
8.Legal Regime of the Minor Contract
In all matters not provided for in this instruction and with regard to the preparation, award, effects and termination of the minor contracts subject to regulation in this instruction, the LCSP, the regulations for the development of the LCSP, the other rules of administrative law and, failing that, private regulations.
9.Entry into force
This instruction shall enter into force on the day following its approval.
Report of the secretariat
