Public institutions may enter into agreements to process framework agreements (convenios marco) in the Integrated Public Procurement System (SICOP) and to contract certain goods or services of common and continuous use, for a term of up to four years, which may be extended for shorter periods.
Given its inestimable amount, the framework agreement may only be processed through a public tender with characteristics specific to each framework agreement model. Likewise, it shall be managed by a single entity and shall cover as many purchases as specific needs arise from the institutions using the agreement. Other contracting modalities may be used for the framework agreement specifications, such as reverse auction, prequalification, or any other used in commerce.
Framework agreements shall be developed in two stages. In the first stage, the tendering procedure shall be carried out through which one or several business options shall be awarded to one or several contractors, so that they can be acquired in the second stage by the user institutions.
The award of a business option does not imply a purchase commitment on the part of the Administration.
In the second stage, which corresponds to the contractual execution, the awarded business options shall be incorporated into an electronic catalog. Once the institution that carried out the tendering procedure issues the start order, the user institutions of the framework agreement may issue purchase orders or requests, without the need to carry out any other type of additional contracting procedure, without prejudice to the necessary procedures for selecting the best offer, according to the criteria established in the tender document, in accordance with the model used.
The contractor may make improvements, discounts, or other options for the benefit of the Administration, whether temporary or permanent, provided that such benefits are not ruinous. Likewise, there shall be the possibility of expanding coverage at the regional level. When a price is improved and/or a discount is offered during the contractual execution, the resulting price may not be subject to adjustment or review during the improvement period.
The purchase order or request shall be subject to the validity of the framework agreement; however, the respective delivery may be made after the validity of the framework agreement has ended, in cases where applicable, according to what is established in the tender specifications.
The General Directorate of Asset Management and Administrative Procurement, or whomever it assigns, shall carry out the contracting procedures to enter into framework agreements for the acquisition of goods and/or services required by the Central Administration.
When a framework agreement is in force, regardless of the institution that processed the public tender, any administration may adhere to its use, following the guidelines established for this purpose by the institution that administers that agreement, provided that the payment modality of the institution seeking adherence is not affected.
User institutions of a framework agreement are obligated to consult and use it before processing another procedure for the acquisition of goods and services covered by the agreement, unless they demonstrate through a reasoned resolution that they can obtain more beneficial conditions with another procedure, regarding aspects such as: price, guarantee conditions, delivery term, quality of the goods and/or services.
For the realization of framework agreements, public procurement applying sustainable criteria shall be promoted, including economic, social, environmental, and innovation criteria, as applicable, which may be improved in any of its stages according to the provisions of the tender document. Likewise, the participation of SMEs in this contracting modality shall be promoted through a regionalization scheme.
(As amended by Article 1 of Executive Decree No. 41098 of March 5, 2018)