GRANTING MUNICIPAL MANAGEMENT AS A MEANS OF
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By: Attorney Eduardo Lara Salazar
To be considered a grant proposal must be exhausted choice phase, which requires the Organic Law of Municipal Public Power (LOPPM, 2010) by tender.
However, the relevant legislation is called the Public Procurement Act (LCP, 2009), seeks to regulate contractor selection processes at all levels of public power and whose aim would be to restructure schemes established for the procurement, to regulate the activity of the state - in this case the City - as it pertains to the procurement of goods, services and execution of works to preserve public property, develop productive capacity and ensure transparency of the actions of the organs and entities subject.
The municipality is subject to compliance with that instrument, both in their bodies (mayor, city council, comptroller, municipal receivership, City Clerk, chronicler) as entities (foundations, associations, societies, associations), another related subjects, even when it is not itself a public entity, are the communal councils and other community organizations that receive financial or material resources of the State in all its manifestations. It is pertinent at this point to remember as a reference the contracts to the Organic Law of Public Administration (2008) on organs and public bodies.
About modes of selection of contractors, the LCP has planned the following:
Contest open is the modality of public selection of the contractor, in which individuals can participate and national legal foreign, subject to compliance of the requirements of the Act, its Regulations and the conditions inherent in the specification.
Contest Closed, contractor selection method in which at least five (5) Participants are invited in a special way to tender by the contracting authority or entity.
The Price Inquiry: the mode of selection of contractor, which, in a documented way, prices are consulted at least three (3) providers of goods, executing works or service providers.
direct contracting: This mode performs exceptional award the contracting authority or entity, which may be in accordance with the Act and its Regulations.
The contract, following the LOPPM, should contain the following:
1. Period not exceeding twenty years.
2. Price that you pay the dealer for the rights granted by the Municipality grant and participation in the profits or gross income from the operation of the concession.
3. Performance security established by the concessionaire for the City and accepted by him, which will be updated periodically during the term grant.
4. Law of the Municipality to the temporary intervention of the service and take your benefit on behalf of the dealer in situations that were previously established.
5. Law of the municipality to periodically review the terms of the contract for adoption and technological improvements.
6. Right of revocation by the City without prejudice to compensation for the amount of unamortized investments in no case give rise to compensation for lost profits.
7. Free transfer to the municipality, free of liens, property, rights and shares for the grant, to extinguish it for any reason.
It should be recalled that for the city council the approval of the municipal concessions, as well as submission to control by the legislature, the city comptroller and the comptroller's office.
reader is suggested to take a look at some articles that I wrote called "From the Competition Council", "From Municipal Organization and Management", "The local planning council" or "Of the CLPP" " Tips Community as the organic law of 2009 "," Municipal Management Media "," The Social Control, "" City and Planning "," Municipal and Public Services "," City and Budget "," From the Municipal Finance, " Municipal Property, "" The Parish in LOPPM 2010 "," On the Media Participation "," Municipal and Public Procurement "among others, as published in www.eduardolarasalazar.blogspot.com and www.tecnoiuris. com (Municipal Law Legal Podium)
Another opportunity will touch on other aspects related to the topic.
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