Introduction

The aim of this section is to disseminate the contracting activity of the General Council of the Judiciary, ensuring transparency and public access to the information regarding this activity in accordance with Article 63 of Law 7/2017 on Public Sector Contracts, and with Article 8(1)(a) of Law 19/2013 of 9 December, on Transparency, Access to Public Information and Good Governance.

Article 639 of Organic Law 6/1985, of 1 July, on the Judiciary, states that:

  1. The General Council of the Judiciary may draw up the contracts necessary for the appropriate exercise of its functions, subject to public sector contract law.
  2. The contracting body shall be the Standing Committee, which should keep the Plenary informed of the contracts it enters into.

The Standing Committee of the Council, in its meeting on 26 March 2014, ruled:

  1. To annul the agreement for the delegation of competencies in contractual matters made in the Standing Committee meeting on 15 January 2014 and published in the Official State Gazette number 16, of 18 January 2014.
  2. To delegate the functions of the contracting body of the General Council of the Judiciary to the Secretary General of the Council, with the exception of the contracting procedures for services of a technological nature directly provided to the judiciary and bibliographical contracting procedures.
  3. To delegate the functions of the contracting body of the Council in terms of contracting procedures for services of a technological nature directly provided to the judiciary and bibliographical contracting procedures to the Director of the Technical Cabinet of the Council.

Furthermore, in its meeting on 28 January 2014, the Standing Committee ruled to delegate the authorisation of expenditure of not more than 75,000 euros to the Secretary General. Nevertheless, the Secretary General may refer the authorisation of the aforementioned costs to the Standing Committee where it is considered appropriate in light of its nature.

Finally, by the ruling of the General Secretariat of December 18, 2020 (BOE núm. 337, of December 26), the composition of the Contracting Board of the Council was established.

Profile of contracting party

The procurement records processed by the Council through open negotiation procedures can be accessed through the Platform from the Public Sector Contracts, the sole point of information for public contracts of the State and the central node of contract information exchange, which serves as a "marketplace" for buyers from the Public Sector and bidders to compete (see "Contractor Profile").

Small contracts

Small contracts may be awarded directly to any business owner with capacity to act and who is professionally qualified to provide the service, in accordance with the regulations established by Article 118 of Law 7/2017 on Public Sector Contracts.

Small contracts are considered to be contracts with an estimated value of less than 40,000 euros, in the case of works contracts, or 15,000 euros, in the case of supply or service contracts, notwithstanding the provisions of article 229 in relation to works, services and centralized supplies at the state level.

For small contracts defined in Article 118 of Law 7/2017 on Public Sector Contracts, the processing of the file will require the report of the contracting body motivating the need for the contract. Likewise, the approval of the expense and the incorporation to the same of the corresponding invoice will be required, which must meet the requirements that the regulations for the development of the Law establish. For small works contracts, the budget of the works should also be added, without prejudice to the fact that the corresponding project must exist where required by the specific rules.

The file will justify that the object of the contract is not being altered to avoid the application of the general contracting rules, and that the contractor has not subscribed more contracts than individual or jointly exceed the figure that appears in the first section of this Article. The contracting authority will check compliance with said rule. The cases included in Article 168.a).2n of Law 7/2017 on Public Sector Contracts are excluded.

Small contracts will be published in the manner provided in Article 63.4 of Law 7/2017 on Public Sector Contracts.

Centralised contracting of goods and services

For the centralised contracting of goods and services, the General Council of the Judiciary does not act as a contracting body but as a mere petitioner, only dealing with the receipt and payment of goods and services supplied to it that are declared to be centrally contracted. The Directorate General for the Rationalisation and Centralisation of Contracts of the Ministry of the Treasury formalises contracts with successful bidders for the framework agreements drawn up by the Directorate, based on the petition formulated by the Council.

Formalised contracts, extensions and modifications

This section contains a copy of the contracts formalised in the current tax year by the General Council of the Judiciary and of the formalisations of extensions and modifications of contracts authorised by the contracting body during the current tax year. Small contracts, which are not subject to formalisation, are not included. The contracts include the schedules of specific administrative and technical clauses which govern the corresponding procedure.

Reports of the Contracting Board

A copy of the reports of the meetings held by the Contracting Board of the Council appear under this heading, the latest of which is included in the Resolution of September 25, 2023 of the General Secretariat of the Council of the Judiciary (State Gazette no. 237, of October 4, 2023). The reports are reproduced without the annexes.