Contracts

The information of the contracts is updated daily in the Transparency Portal from the Public Sector Contracting Platform of the Ministry of Finance, where the profiles of the contracting person are published.

For each contract, the following information is detailed:

• Title of the contract
• Object of the contract
• Duration of the contract
• Amount of tender: Value budgeted in the call for tenders without taxes. The final award amount of the contract cannot exceed the budgeted amount
• Amount of award without tax
• The contracting procedure used for the conclusion of the contract:
  • Open
  • Open simplified
  • Restricted
  • With negotiation
  • Competitive dialogue
  • Partnership for Innovation
  • Project Contests
  • Derived from framework agreement
  • Dynamic Acquisition System (SDA)
  • Derived from SDA
  • Minor
• The advertising instruments used in its tender
• The number of tenderers and/or tenderers participating in the procedure
• Identity of the adjudicator or adjudicator.
• File number
• Link to more information on the Public Sector Contracting Platform, where you can access the details of the tender process, documents of the dossier and type of contract.

The contracts are classified by ministries or all can be consulted and the results are shown sorted, by default, by the award date in the decreasing sense, showing first the most recent awarded contracts.

The recruitment procedures are described below. For more information on contracts you can consult the following link to theLaw 9/2017, of 8 November, on Public Sector Contracts, transposing into the Spanish legal system the Directives of the European Parliament and of the Council 2014/23/EU and 2014/24/EU, of 26 February 2014.

DESCRIPTION OF THE PROCEDURES

Open procedure

In the open procedure, any interested businesswoman or businessman may submit a proposal, excluding any negotiation of the terms of the contract with the bidders (articles 156 to 158 of the LCSP).

Simplified open procedure

The simplified open procedure speeds up the award of the contract provided that the conditions laid down in Article 159 of the LCSP relating to thresholds in the estimated value of the contract and characteristics in the criteria subject to value judgment are met.    

Restricted procedure

1. In the restricted procedure, any interested company may submit a request for participation in response to a call for tenders.
2. Only those entrepreneurs and/or entrepreneurs who, at their request and in view of their creditworthiness, are selected by the contracting body may submit proposals.
3. The specifications of particular administrative clauses may provide for premiums or compensation for the costs incurred by tenderers when presenting their offer in service contracts in cases where their presentation involves the realization of certain developments.
4. In this procedure any negotiation of the terms of the contract with the applicant persons will be prohibited.
5. This procedure is especially suitable when it comes to intellectual services of special complexity, as is the case with some consulting, architectural or engineering services.

(Articles 160 to 165 of the LCSP)

Procedure with negotiation

1. In negotiated procedures, the award shall be made by the tenderer or tenderer duly chosen by the contracting authority, after negotiating the terms of the contract with one or more candidates.
2. The list of specific administrative clauses shall identify the economic and technical aspects to be negotiated with the companies, where appropriate; the description of the needs of the contracting authorities and the characteristics required for the supplies, works or services to be procured; the procedure to be followed for negotiating, which shall at all times ensure the maximum transparency of the negotiation, the publicity of the negotiation and non-discrimination between the tenderers or tenderers involved; the elements of the provision subject to the contract that constitute the minimum requirements to be met by all tenders; the award criteria.
3. The information provided shall be sufficiently precise to enable economic operators to identify the nature and scope of the procurement and to decide whether to apply for participation in the procedure.
4. Negotiated procedures may be used in the cases listed in Articles 167 and 168. Unless the exceptional circumstances set out in Article 168 arise, the contracting authorities shall publish a contract notice.

(Articles 166 to 171 of the LCSP)

Competitive dialogue

1. In the competitive dialogue, the special competitive dialogue board conducts a dialogue with the candidates and/or the selected candidates, at their request, in order to develop one or more solutions that can meet their needs and that will serve as a basis for the candidates chosen to submit an offer.
2. Any interested company may submit a request for participation in response to a tender notice, providing the information and documentation for the qualitative selection requested by the contracting authority.
3. The competitive dialogue procedure may be used in the cases listed in Article 167 and shall be preceded by the publication of a tender notice.
4. The contracting authority may agree in the descriptive document to apply the provisions of Article 234(4) and (5) to contracts awarded through competitive dialogue.

(Articles 172 to 176 of the LCSP)

Partnership procedure for innovation

The innovation partnership is a procedure aimed at the development of innovative products, services or works and the subsequent purchase of the resulting supplies, services or works, provided that they correspond to the performance levels and maximum costs agreed between the contracting authorities and the participants.

To this end, in the specifications of particular administrative clauses, the contracting authority shall determine the need for an innovative product, service or work that cannot be satisfied by the acquisition of products, services or works already available on the market. It shall also indicate which elements of the description constitute the minimum requirements to be met by all bidders, and shall define the provisions applicable to intellectual and industrial property rights. The information provided shall be sufficiently accurate to enable entrepreneurs and/or entrepreneurs to identify the nature and scope of the required solution and to decide whether to apply for participation in the procedure.

(Articles 177 to 182 of the LCSP)

Project Contests

Project competitions are the procedures for obtaining plans or projects, mainly in the fields of architecture, town planning, engineering and data processing, through a selection that, after the corresponding tender, is entrusted to a jury.

(Articles 183 to 187 of the LCSP)

Derivatives of framework agreements

A public procurement body or bodies may conclude framework agreements with one or more undertakings with a view to establishing the conditions to be met by contracts to be awarded during a given period, in particular as regards prices and, where appropriate, the amounts envisaged, provided that the use of these instruments is not made in an abusive manner or in such a way that competition is hindered, restricted or distorted.

The duration of a framework agreement may not exceed four years, except in exceptional, duly justified cases. In any event, the duration of the framework agreement shall be justified in the file and shall take into account, in particular, the peculiarities and characteristics of the sector of activity to which it relates.

The duration of contracts based on a framework agreement shall be independent of the duration of the framework agreement, and shall be governed by the provisions of article 29 of this Law concerning the duration of contracts and the performance of the service, as well as by the regulatory documents of the framework agreement.

Contracts based on a framework agreement may only be awarded during the term of the framework agreement. The relevant date to understand that this requirement has been met will be:

1. In the case of contracts based on which invitations to tender are required in accordance with Article 221 for the award of contracts, the date on which invitations to tender are sent to the contracting parties to the framework agreement, provided that the proposals for the award are received within the time limit laid down in the relevant framework agreement.
2. In the case of based contracts the award of which does not require the conclusion of a tender, the relevant date shall be that of the award of the based contract.

(Articles 219 to 222 of the LCSP)

Dynamic Acquisition System (SDA)

Contracting authorities may articulate dynamic systems for the procurement of works, services and supplies of common use whose characteristics, generally available on the market, meet their needs, provided that recourse to these instruments is not made in such a way that competition is hindered, restricted or distorted.

The dynamic purchasing system is a totally electronic process, with a limited and determined duration in the documents, and must be open throughout the period of validity to any interested company that meets the selection criteria (articles 223 to 225 of the LCSP).

A paragraph should be included for SDA specifics, right after the SDA.

Specific to SDA

Each contract to be awarded under a dynamic purchasing system must be the subject of a tender (Article 226 of the LCSP).

The award of specific contracts within the framework of an SDA shall be based on the terms laid down in the specifications of particular administrative clauses and technical prescriptions of the dynamic purchasing system, which shall be specified more precisely prior to the tender for the award of the specific contract in the relevant invitations.

Contracting authorities shall invite all undertakings that have previously been admitted to the dynamic purchasing system to submit a tender for each tender under the dynamic purchasing system, subject to Articles 162(4) and 163(2).

Minor contracts

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, are considered minor contracts, without prejudice to the provisions of article 229 in relation to centralized works, services and supplies at the state level.

(Art. 118 of the LCSP).