Source of data	Directorate-General for State Assets (Public Sector Procurement Platform) - Ministry of Finance and Public Administration

 

Contract information is updated daily on the Transparency Portal from the Public Sector Procurement Platform of the Ministry of Finance and Public Function, 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
• Tender amount: Value budgeted in the call for tenders excluding taxes. The final award amount of the contract may not exceed the budgeted amount.
• Award amount before tax
• The procurement procedure used for the conclusion of the contract:
  • Opened
  • Open simplified
  • Restricted
  • With negotiation
  • Competitive dialogue
  • Innovation Partnership
  • Project competitions
  • Derived from framework agreement
  • Dynamic Acquisition System (DAS)
  • Derived from DAS
  • Minor
• The advertising tools used in your tender
• The number of tenderers taking part in the procedure
• Identity of the successful tenderer
• File number
• Link to more information on the Public Procurement Platform, where you can access the details of the tender process, file documents and type of contract

Contracts are sorted by ministry or all contracts can be viewed and the results are sorted, by default, by date of award in descending order, with the most recently awarded contracts shown first. 

The contracting procedures are described below. Further information on contracts can be found in the following link to the Law 9/2017, of 8 November, on Public Sector Contracts, transposing into Spanish law 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 businessperson or entrepreneur may present 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 awarding of the contract as long as certain conditions established in Article 159 of the LCSP are met in relation to thresholds in the estimated value of the contract and characteristics in the criteria subject to value judgement.    

Restricted procedure

1. In the restricted procedure any interested undertaking may submit a request to participate in response to a call for tenders.
2. Proposals may only be submitted by those entrepreneurs and/or businesswomen who, at their request and on the basis of their solvency, are selected by the contracting authority.
3. The particular administrative clauses may provide for bonuses or compensation for costs incurred by tenderers in submitting their tender for service contracts in cases where their submission involves the carrying out of certain developments.
4. In this procedure, any negotiation of the terms of the contract with the applicants shall be prohibited.
5. This procedure is particularly appropriate in the case of particularly complex intellectual services, such as certain consultancy, architectural or engineering services.

(Articles 160 to 165 of the LCSP)

Procedure with negotiation

1. In procedures with negotiation, the award shall be made to the tenderer duly selected by the contracting authority after negotiation of the terms of the contract with one or more candidates.
2. The particular administrative clauses shall determine the economic and technical aspects which, where appropriate, are to be the subject of negotiation with the companies; the description of the needs of the contracting authorities and the characteristics required for the supplies, works or services to be contracted; the procedure to be followed for negotiation, which shall at all times guarantee maximum transparency of the negotiation, publicity and non-discrimination between the bidders participating; the elements of the service which are the object of the contract and which constitute the minimum requirements to be met by all bids; 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 to participate in the procedure.
4. Procedures with negotiation may be used in the cases listed in Articles 167 and 168. Unless the exceptional circumstances set out in Article 168 apply, 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 table conducts a dialogue with the selected candidates, at their request, in order to develop one or more solutions likely to meet their needs and which will serve as a basis for the selected candidates to submit a bid.
2. Any interested undertaking may submit a request to participate in response to a contract notice, providing the information and documents for qualitative selection requested by the contracting authority.
3. The competitive dialogue procedure may be used in the cases listed in Article 167 and must be preceded by the publication of a contract notice.
4. The contracting authority may agree in the descriptive document to apply the provisions of Article 234(4) and (5) to contracts awarded by competitive dialogue.

(Articles 172 to 176 of the LCSP)

Innovation Partnership Procedure

The innovation partnership is a procedure aiming 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 particular administrative clauses, the contracting authority shall identify the need for an innovative product, service or work which cannot be satisfied by the purchase 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 tenderers and shall define the provisions applicable to intellectual and industrial property rights. The information provided shall be sufficiently precise to enable entrepreneurs and/or entrepreneurs to identify the nature and scope of the solution required and to decide whether to apply to participate in the procedure.

(Articles 177 to 182 of the LCSP)

Project competitions

Design contests are procedures aimed at obtaining plans or projects, mainly in the fields of architecture, town planning, engineering and data processing, by means of a selection procedure which, following a call for tenders, is entrusted to a jury.

(Articles 183 to 187 of the LCSP)

Derived from framework agreements

One or more public sector contracting authorities may conclude framework agreements with one or more undertakings in order to establish the terms governing the contracts which they intend to award during a given period, in particular with regard to prices and, where appropriate, the quantities envisaged, provided that the use of these instruments is not made in an abusive manner or in such a way as to prevent, restrict or distort competition.

The duration of a framework agreement may not exceed four years, save in duly justified exceptional cases. In any event, the duration of the framework agreement shall be justified in the file and shall take account, in particular, of the specific features and characteristics of the sector of activity to which its subject matter 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, relating to the duration of the contracts and the performance of the service, as well as by the specifications governing the framework agreement.

Contracts based on a framework agreement may only be awarded during the term of the framework agreement. The relevant date for this requirement to be deemed to have been fulfilled shall be:

1. In the case of contracts based on the award of which, in accordance with Article 221, calls for competition, the date on which invitations to tender are sent to the successful tenderers under the framework agreement, provided that the award proposals are received within the time limit laid down for this purpose in the framework agreement concerned.
2. In the case of contracts based on the award of which does not require tendering, the relevant date shall be the date of the award of the contract on the basis of which the contract was awarded.

(Articles 219 to 222 of the LCSP)

Dynamic Acquisition System (DAS)

Contracting authorities may set up dynamic systems for the procurement of commonly used works, services and supplies whose characteristics, generally available on the market, meet their needs, provided that recourse to these instruments is not made in such a way as to hinder, restrict or distort competition.

The dynamic purchasing system is a totally electronic process, with a limited duration determined in the specifications, and must be open during the entire 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 those specific to SDA, right after SDA.

SDA specific

Each contract to be awarded within the framework of a dynamic purchasing system must be the subject of a call for tenders (Article 226 of the LCSP).

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

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

Minor contracts

Contracts with an estimated value of less than EUR 40,000 in the case of works contracts, or less than EUR 15,000 in the case of supply or service contracts, without prejudice to the provisions of Article 229 in relation to works, services and supplies centralised at State level, shall be considered to be minor contracts.

(Art. 118 of the LCSP).