The definition of Article 2 of Annex I to the Commission Regulation (EU) No 651/2014 states that the category “micro, small and medium-sized enterprises (SMEs)” It encompasses all companies that:

• occupy less than 250 people and
• whose annual turnover does not exceed €50,000,000 or whose annual balance sheet does not exceed €43,000,000.

Therefore, the data will be provided for all companies that compose such a single category as a whole.

On the other hand, we understand that the norm when talking about “contracts” (and taking for this interpretation into account the spirit of the law expressed in the explanatory statement) includes in that term also those that are of the Framework Agreement type and must be taken into account in the implementation since the Transparency Portal obtains the information of them from a different source to the other contracts; a question to be taken into account since then there are 2 data source organs.

Agreements and subsidies are not included in the term “contracts” (REOICO – RECESP)

We understand how procurement procedure any of the following:

1. Open
2. Open simplified
3. Partnership for Innovation
4. Based on a dynamic acquisition system
5. Project Contest
6. Minor contract
7. Based on framework agreement
8. Derivative of partnership for innovation
9. Competitive dialogue
10. Tendering with negotiation
11. Negotiated with advertising
12. Negotiated without advertising
13. Internal rules
14. Others
15. Restricted

typology

It refers to what is regulated in the Chapter II of Law 9/2017, of 8 November, of Public Sector Contracts. They are included in the following relationship:

• Works
• Services
• Supplies
• Concession of Works
• Public Works Concession
• Concession of Services
• Public Service Management
• Special Administrative
• Private
• Patrimonial
• Collaboration between the public and private sectors

Only contracts awarded

The purpose of the amendment of the law focuses exclusively on contracts:

1. awarded and
2. as of July 1, 2023 (included)

What about deserted, abandoned or abandoned contracts?

If a contract becomes void or there is a waiver or the proceedings are discontinued, it means that there is no adjudicator, therefore, it would not fall within those awarded or formalized and is not contemplated.

Contracts divided into lots

Contracts divided into lots (in order to be classified as SMEs) behave on an individual basis. That is, each lot can be SME or not. Therefore, for the purposes of the calculation, it will be understood that each lot is like a different and individual contract.

Date of first publication of results

It is understood that the obligation to catalog (count) the data begins the year of the publication of the norm (01/07/2023).

Therefore, the first statistic will collect data from 01/07/2023 to 31/12/2023. The information being published on the Portal at the latest on 9/01/2024.

Scope (dates) of the data sets on which to calculate

The data sets on which to perform the calculation, as well as their date of publication, will be the following:

*: Both days inclusive.