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The execution of a contract without having to apply said instructions?

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发表于 2024-3-9 23:46:13 | 显示全部楼层 |阅读模式
The answer is yes, but the way the contract is awarded will be different depending on the assumptions indicated in article of the LCSP: Firstly, contracts for services and supplies that have an estimated value of less than , euros, or works contracts with an estimated value of less than , euros, may be awarded directly, as long as the employer has the capacity to act, as well as sufficient and necessary authorization for the correct execution of the contract. Secondly, when we are dealing with contracts or agreements with an estimated value equal to or greater than those indicated above, for their award, public sector entities that do not have the status of contracting authorities must respect the following rules: The tender announcement must be published in the profile of the entity's contractor. However, additionally, it may also be made public by other means.

Once the announcement is published, all documentation related to the presentation of offers must be available by electronic means, the deadline for which will be set by the Cell Phone Number List contracting entity, and may not be less than ten days from the publication of the tender announcement. These entities must award the contract to whoever presents the best offer. Only in exceptional cases, the award may be made following other objective criteria when they are found in the contractual documentation. In any case, the selection will be published in the profile of the entity's contractor. It is significant to emphasize that public sector entities that do not have the status of contracting authorities may use, to grant the execution of a contract, dynamic rationalization systems, such as framework agreements, dynamic acquisition systems or homologation. of suppliers, as long as the procedure to be carried out is transparent, non-discriminatory and is published in the contractor's profile.

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The competent body to control that public sector entities that do not have the character of contracting authorities respect the rules described above is the ministerial department or body to which they are attached or correspond to their supervision. III. Is it possible to appeal the actions carried out for the award of contracts? The actions carried out by public sector entities that do not have the character of contracting powers for the purpose of conferring the execution of a contract, may be challenged administratively, under the protection of Law /, of October , on the Procedure Common Administrative System of Public Administrations. The appropriate administrative appeal must be directed to the competent body in charge of controlling that said entities respect the rules that we have previously referred to, that is, to the ministerial department or body to which the entity is attached or corresponds to the guardianship of the entity. Taking into account the above, if, for example, the public sector entity that does not have the character of a contracting authority is attached to several Public Administrations, the competent body will be in charge of controlling it or the one that has a greater participation.

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