{"id":128454,"date":"2026-02-06T13:08:31","date_gmt":"2026-02-06T13:08:31","guid":{"rendered":"https:\/\/my.legal500.com\/guides\/?post_type=comparative_guide&#038;p=128454"},"modified":"2026-02-06T13:08:31","modified_gmt":"2026-02-06T13:08:31","slug":"spain-public-procurement","status":"publish","type":"comparative_guide","link":"https:\/\/my.legal500.com\/guides\/chapter\/spain-public-procurement\/","title":{"rendered":"Spain: Public Procurement"},"content":{"rendered":"","protected":false},"template":"","class_list":["post-128454","comparative_guide","type-comparative_guide","status-publish","hentry","guides-public-procurement","jurisdictions-spain"],"acf":[],"appp":{"post_list":{"below_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">Eversheds Sutherland<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2026\/01\/Eversheds_Sutherland-Secondary-k.jpg\"\/><\/span><\/div>"},"post_detail":{"above_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">Eversheds Sutherland<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2026\/01\/Eversheds_Sutherland-Secondary-k.jpg\"\/><\/span><\/div>","below_title":"<span class=\"guide-intro\">This country specific Q&amp;A provides an overview of Public Procurement laws and regulations applicable in Spain<\/span><div class=\"guide-content\"><div class=\"filter\">\r\n\r\n\t\t\t\t<input type=\"text\" placeholder=\"Search questions and answers...\" class=\"filter-container__search-field\">\r\n\t\t\t<\/div>\r\n\r\n\t\t\t\r\n\r\n\r\n\t\t\t<ol class=\"custom-counter\">\r\n\r\n\t\t\t\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Please summarise briefly any relationship between the public procurement \/ government contracting laws in your jurisdiction and those of any supra-national body (such as WTO GPA, EU, UNCITRAL).<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Spanish regulation on public procurement is largely derived from supra-national procurement regulation. The main regulation on public procurement in Spain is the Spanish Act on Government Contracts . Said Act transposes the European Directives on public procurement , thereby the Spanish regulatory framework is entirely aligned with European procurement legislation.<\/p>\n<p>Additionally, Spain, as a member state of the European Union, is a party to the WTO Agreement on Government Procurement (\u201cGPA\u201d). European Directives, and by extension the Spanish legislation, incorporate and apply the WTO GPA.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What types of public procurement \/ government contracts are regulated in your jurisdiction and what procurement regimes apply to these types of procurements? In addition to any central government procurement regime please address the following: regulated utilities procurement regime (e.g. water, gas, electricity, coal, oil, postal services, telecoms, ports, airports), military procurements, non-central government (local, state or prefectures) and any other relevant regime. Please provide the titles of the statutes\/regulations that regulate such procurements.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The Spanish Act on Government Contracts regulates the following contracts: works contracts, service contracts, supply contracts, work concession contracts, service concession contracts and mixed contracts. This regulation establishes the general procurement regime applicable to the General State Administration, the governments of the Spanish Regions (Comunidades Aut\u00f3nomas), local governments and other public sector entities.<\/p>\n<p>The Region of Navarra is the only Region with its own autonomous regulation on public procurement established in Regional Law 2\/2018, of 13th April, on Public Contracts.<\/p>\n<p>Procurement in the utilities sector (water, gas and heating, electricity, transport services, ports and airports, postal services, prospecting and extraction of oil, gas, coal, and other solid fuels) is governed by Royal Decree-Law 3\/2020, of 4 February, which incorporates into the Spanish legal system Directive 2014\/25\/EU.<\/p>\n<p>Public procurement in the fields of defense and security have a specific regulation contained in Law 24\/2011, of August 1, on public sector contracts in the fields of defense and security.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there specified financial thresholds at which public procurement regulation applies in your jurisdiction? Does the financial threshold differ depending on the nature of procurement (i.e. for goods, works or services) and\/or the sector (public, utilities, military)? Please provide all relevant current thresholds in your jurisdiction. Please also explain briefly any rules on the valuation of a contract opportunity.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes, the Spanish Act on Government Contracts establishes specific financial thresholds for the application of procurement regulation.<\/p>\n<p>Government Contracts whose estimated value is equal to or greater than these thresholds are subject to harmonized procurement regime under EU procurement rules incorporated into the national legislation by the Spanish Act on Government Contracts and related instruments. Those contracts whose estimated value exceeds these thresholds must comply with the full set of EU procurement regulations.<\/p>\n<p>The thresholds set out in the Spanish Act on Government Contracts are the following:<br \/>\n(i) Works contracts, works concession contracts and service concessions: EUR 5,404,000.<\/p>\n<p>(ii) Supply contracts, when tendered by the General State Administration : EUR 140,000.<\/p>\n<p>(iii) Supply contracts, in the rest of cases: EUR 216,000.<\/p>\n<p>(iv) Service contracts, when tendered by the General State Administration : EUR 140,000.<\/p>\n<p>(v) Service contracts, in the case of contracts for social and other specific services: EUR 750,000.<\/p>\n<p>(vi) Service contracts, in the rest of cases: EUR 216,000.<\/p>\n<p>Below these thresholds, contracts are still governed by the Spanish Act on Government Contracts but subject to national (non-harmonised) regulations, which nonetheless respect EU procurement principles.<\/p>\n<p>The Spanish Act on Government Contracts stablishes the following rules to calculate the estimated value of a contract:<\/p>\n<p>(i) Works, supplies, and services contracts: the total amount, excluding VAT, payable according to the contracting authority\u2019s estimates;<\/p>\n<p>(ii) Works concession contracts and service concession contracts: the turnover, excluding VAT, which, according to the contracting authority\u2019s estimates, will be generated by the concessionaire during the performance of the contract.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are procurement procedures below the value of the financial thresholds specified above subject to any regulation in your jurisdiction? If so, please summarise the position.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes. As mentioned in question 3 above, contracts whose estimated value falls below these financial thresholds are still governed by the Spanish Act on Government Contracts, but subject to national (non-harmonised) regulations, which nonetheless respect EU procurement principles.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">For the procurement of complex contracts*, how are contracts publicised?\u202f What publication,\u202f journal or other method of publicity is used for these purposes?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>For the procurement of complex contracts, Spanish law requires a level of publicity consistent with their classification, estimated value and applicable procedure, in accordance with the Spanish Act on Government Contracts. Where complex contracts fall within the harmonised regime, they must be advertised through a contract notice published in the Official Journal of the European Union (OJEU), together with publication on the Spanish Public Sector Contracting Platform or the relevant regional platform.<\/p>\n<p>For below-threshold complex contracts, publication on the national or regional contracting platform is generally required, ensuring transparency and market access.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">For the procurement of complex contracts, where there is an initial selection stage before invitation to tender documents are issued, what are typical grounds for the selection of bidders? If there are differences in methodology between different regulated sectors (for example between how a utility might undertake a regulated procurement procedure and how a government department might do so), please summarise those differences.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>For complex contracts subject to an initial selection stage, Spanish procurement regulation provides that the shortlisting of bidders is based on objective selection criteria relating primarily to the bidder\u2019s legal standing, economic and financial capacity, and technical and professional ability, in accordance with the Spanish Act on Government Contracts. Typical grounds include turnover thresholds, solvency ratios, relevant prior experience in comparable projects, technical qualifications of key personnel, and the availability of appropriate technical and organisational resources.<\/p>\n<p>In procedures involving negotiation or dialogue, contracting authorities may also limit the number of candidates invited to participate, provided that the selection criteria and any minimum requirements are clearly stated in the contract notice or procurement documents.<\/p>\n<p>The methodology is broadly consistent across sectors. However, in the utilities sector, greater flexibility is permitted in defining and applying selection criteria, reflecting the commercial nature of the activities concerned and the specific risks involved. By contrast, central government and other public authorities tend to apply more standardised and formalised selection requirements.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Does your jurisdiction mandate that certain bidders are excluded from tendering procedures (e.g. those with convictions for bribery)? If so, what are those grounds of mandatory exclusion? Are there any notable features of how this operates in your jurisdiction e.g. central registers of excluded suppliers? Does your jurisdiction specify discretionary grounds of exclusion? If so, what are those grounds of discretionary exclusion?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The Spanish Act on Government Contracts establishes certain causes for a bidder to be forbidden to enter into contracts with public administrations in Spain.<\/p>\n<p>These causes range from serious criminal convictions and final administrative sanctions affecting the bidder\u2019s integrity or professional reliability, to situations of insolvency or bankruptcy, failure to comply with tax or social security obligations, breaches of mandatory social and equality requirements (including disability quotas and equality plans), submission of false or misleading information in procurement procedures, and conflicts of interest or incompatibilities affecting senior public officials, elected representatives or their close relatives. They also extend to conduct linked to the bidder\u2019s behaviour in public procurement procedures themselves, such as the unjustified withdrawal of bids, failure to formalise awarded contracts, serious or culpable breaches of essential contractual obligations, or contract termination attributable to the contractor\u2019s fault.<\/p>\n<p>These exclusion grounds are not optional, where the relevant legal circumstances exist and have been validly established, the prohibition to contract operates. However, the Spanish Act on Government Contracts differentiates between the mechanisms for determining and enforcing such prohibitions. Certain grounds (including insolvency, failure to comply with tax or social security obligations, conflicts of interest or incompatibilities of public officials) are assessed directly by the contracting authority and remain in force for as long as the underlying circumstances persist. In other cases, such as criminal convictions or serious administrative sanctions, the prohibition applies directly only where the relevant judgment or administrative decision expressly determines its scope and duration. Where the relevant decision does not expressly address its scope or duration, a specific administrative procedure to formally determine the scope and duration of the prohibition is required before it can be enforced.<\/p>\n<p>Prohibition of contracting with the Spanish Administrations is reflected in the Official Register of Bidders and Classified Companies of the State (ROLECE) for those companies registered.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Please describe a typical procurement procedure for a complex contract. Please summarise the rules that are applicable in such procedures. Please include a timeline that includes the key stages of the process, including an estimation for the total length of the procedure.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In Spain, even for complex contracts, the most common procurement route is the standard open procedure. Contracting authorities tend to favour this procedure as it ensures the highest levels of transparency, publicity and competition, while offering sufficient flexibility to structure technically and economically complex tenders through well-defined specifications and award criteria. More sophisticated procedures, such as competitive dialogue or restricted procedures, are available under Spanish law but are used sparingly in practice, given their procedural complexity and the administrative burden they entail.<\/p>\n<p>Under the open procedure, any interested economic operator may submit a tender. The contracting authority must publish the contract notice, make the tender documentation available electronically, and define clear technical specifications, selection requirements and award criteria. Tenders are assessed in accordance with the criteria set out in the tender documents, typically combining price and quality elements, and the award decision must be duly reasoned and documented.<\/p>\n<p>As regards timing, a complex contract awarded through an open procedure typically follows these stages: publication of the contract notice; a tender submission period of approximately 30 to 35 days (which may be extended depending on complexity); evaluation of tenders; proposal of award; submission of supporting documentation by the preferred bidder; and formal award and contract signature. In practice, the total duration of the procedure usually ranges from 3 to 6 months, although particularly complex contracts may take longer depending on the number of bidders, the need for clarifications and the risk of challenges.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">If different from the approach for a complex contract, please describe how a relatively low value contract would be procured. (For these purposes, please assume the contract in question exceeds the relevant threshold for application of the procurement regime by less than 50%)<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>For relatively low-value contracts that only slightly exceed the applicable procurement thresholds, the approach does not differ substantially from that followed for more complex contracts. In practice, contracting authorities in Spain continue to rely primarily on the standard open procedure, as it ensures transparency, equal treatment and legal certainty, while remaining administratively manageable for contracts of limited value.<\/p>\n<p>That said, the lower value and reduced complexity of the contract are typically reflected in a more streamlined design of the procedure. Technical specifications tend to be simpler, selection and solvency requirements are set at proportionate levels, and award criteria are often more heavily weighted towards price. Shorter tender submission periods may also be used where permitted, and the evaluation phase is generally less resource-intensive.<\/p>\n<p>As a result, the overall duration of the procurement process for such contracts is usually shorter. While the key procedural stages remain the same (publication, submission of tenders, evaluation, award and contract signature) the process will often be completed within approximately 2 to 4 months, assuming no challenges are brought.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is seen as current best practice in terms of the processes to be adopted over and above ensuring compliance with the relevant regime, taking into account the nature of the procurement concerned?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Clear and coherent procurement documents, with well-aligned selection and award criteria, are considered essential to reduce disputes and implementation issues.<\/p>\n<p>From a procedural perspective, best practice includes maintaining a transparent audit trail of key decisions or ensuring consistent treatment of bidders during clarification and negotiation phases.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Please explain any rules which are specifically applicable to the evaluation of bids.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The Spanish Act on Government Contracts distinguishes between criteria assessable through value judgments and automatically assessable criteria. The regulation requires that the methodology for the application of these criteria, including weightings and scoring formulas, be clearly set out in the tender specifications.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Does your jurisdiction have specific rules for the treatment of bids assessed to be \"abnormally low\" for the purposes of a particular procurement (i.e. a low priced bid, significantly lower than any other bid or a bid whose pricing raises questions of sustainability\/viability over the contract term)? If so, is there a definition of what \"abnormally low\" means and please can you provide a short summary of the specific rules?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes. There are specific regulations governing the treatment of abnormally low bids. The Spanish Act on Government Contracts does not provide a fixed definition of what constitutes an abnormally low bid, it requires contracting authorities to identify such tenders using objective criteria or formulas set out in the tender specifications.<\/p>\n<p>Where a bid is identified as abnormally low, the contracting authority must initiate a formal clarification procedure, giving the bidder the opportunity to explain the pricing and demonstrate the economic viability of the offer. Explanations may relate to the efficiency of the production process, technical solutions adopted, exceptionally favourable conditions, or compliance with labour, social and environmental obligations. A bid may only be rejected if, after this procedure, the contracting authority reasonably concludes that the offer is not viable.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Please describe any rights that unsuccessful bidders have that enable them to receive the reasons for their score and (where applicable in your jurisdiction) the reasons for the score of the winning bidder. Are regulated procuring bodies required to provide these reasons for their award decision before awarding the contract in question?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Contracting authorities must notify bidders of the award decision and provide a summary of the reasons for the acceptance of the winning bid and the relative advantages of that bid compared to others. Each bid is assigned a score and listed accordingly. Upon request, unsuccessful bidders are entitled to access the full administrative file of the contracting procedure.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What remedies are available to unsuccessful bidders in your jurisdiction? In what circumstances (if any) might an awarded contract be terminated due to a court's determination that procurement irregularity has occurred?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Unsuccessful bidders have access to both administrative and judicial remedies under the Spanish Act on Government Contracts.<\/p>\n<p>For certain contracts, bidders may file a special administrative appeal in procurement matters before the competent independent review body.<\/p>\n<p>In addition, bidders may challenge procurement decisions through judicial review before the administrative courts, either directly or following the dismissal of an administrative appeal.<\/p>\n<p>Where a court or review body finds a serious procurement irregularity, the awarded contract may be annulled or declared ineffective, particularly where mandatory publicity rules, standstill obligations or exclusion rules have been breached. Alternatively, where termination is not possible or proportionate, the authority may be ordered to provide damages or adopt corrective measures.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are public procurement law challenges common in your jurisdiction? Is there a perception that bidders that make challenges against public bodies suffer reputational harm \/ harm to their prospects in future procurement competitions? If so, please provide brief comment. Assuming a full hearing is necessary (but there are no appeals), how much would a typical procurement claim cost: (i) for the defendant and (ii) for the claimant?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Public procurement challenges are relatively common and increasingly frequent in Spain, particularly since the introduction of specialised and independent review bodies.<\/p>\n<p>The availability of a fast and effective administrative remedy has normalised challenges as part of procurement strategy, and contracting authorities are generally accustomed to dealing with them.<\/p>\n<p>That said, perceptions vary across sectors. In certain areas (for instance, the healthcare and life sciences sector) bidders are sometimes more reluctant to bring challenges, due to concerns that doing so may adversely affect their commercial relationships with contracting authorities or their prospects in future tenders. This reputational concern remains a practical consideration in some markets.<\/p>\n<p>As regards costs, no fees apply to the special administrative procurement review procedures. Where disputes are subsequently brought before the contentious-administrative courts, judicial costs are typically limited and, in practice, tend to be capped at relatively modest amounts, particularly when compared to ordinary commercial litigation.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Typically, assuming a dispute concerns a complex contract, how long would it take for a procurement dispute to be resolved in your jurisdiction (assuming neither party is willing to settle its case). Please summarise the key stages and typical duration for each stage.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In Spain, the duration of a procurement dispute concerning a complex contract depends largely on whether it is resolved through the special administrative procurement appeal or through judicial proceedings.<\/p>\n<p>Where the dispute is brought before the specialized administrative review body, the process is relatively fast. From the submission of the appeal, the competent independent review body has a maximum period of 2 months to resolve, after which the appeal may be considered dismissed.<\/p>\n<p>If the dispute proceeds to judicial review, timelines are significantly longer. A first-instance judgment commonly takes 12 to 24 months, reflecting the complexity of the issues and court workloads. This stage involves filing of written submissions, the evidentiary phase, if requested by the parties, an oral hearing and the submission of final written conclusions.<\/p>\n<p>Depending on the court that hears the case at first instance, first-instance judgments may be subject to further appeal and, in some cases, to cassation before higher courts. Where such remedies are available and pursued, the overall duration of the dispute may be extended significantly.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What rights\/remedies are given to bidders that are based outside your jurisdiction? Are foreign bidders' rights\/remedies the same as those afforded to bidders based within your jurisdiction? To what extent are those rights dependent on whether the host state of the bidder is a member of a particular international organisation (i.e. GPA or EU)?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Bidders established outside Spain enjoy, in principle, the same rights and remedies as domestic bidders in Spanish public procurement procedures, provided that they are entitled to participate in the tender. Under the Spanish Act on Government Contracts, contracting authorities must ensure equal treatment and non-discrimination of all eligible bidders, regardless of their place of establishment.<\/p>\n<p>Bidders from EU Member States benefit fully from EU internal market rules and have unrestricted access to procurement procedures covered by EU law, together with access to all administrative and judicial remedies available under Spanish law. Similarly, bidders established in countries that are parties to the WTO GPA enjoy equivalent rights of access and protection for contracts covered by the GPA.<\/p>\n<p>By contrast, bidders from third countries that are neither EU Member States nor GPA parties may face restrictions or limited access, depending on reciprocity rules and the specific procurement. Where participation is permitted, however, the procedural rights and remedies available are the same as those afforded to Spanish bidders.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Where an overseas-based bidder has a subsidiary in your territory, what are the applicable rules which determine whether a bid from that bidder would be given guaranteed access to bid for the contract? Would such a subsidiary be afforded the same rights and remedies as a nationally owned company bidding in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>A subsidiary incorporated and established in Spain is treated, for procurement purposes, as a domestic economic operator, regardless of the nationality of its ultimate parent company.<\/p>\n<p>Accordingly, such subsidiaries enjoy full and guaranteed access to public procurement procedures under the Spanish Act on Government Contracts, subject to compliance with the applicable selection and exclusion requirements. They are afforded the same rights, obligations and remedies as any nationally owned company, including access to administrative and judicial review mechanisms.<\/p>\n<p>The nationality or location of the parent company is generally irrelevant, except in limited circumstances relating to defence and security procurement or where specific restrictions apply under EU or international rules. In those cases, additional requirements or limitations may be imposed.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">In your jurisdiction is there a specialist court or tribunal with responsibility for dealing with public procurement issues? In what circumstances will it have jurisdiction over a public procurement claim?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes. Spain has specialised and independent administrative review bodies with responsibility for dealing with public procurement disputes. At national level, this role is carried out by the Central Administrative Public Procurement Review Authority (TACRC), while equivalent regional bodies exist at the level of the Autonomous Communities.<\/p>\n<p>These bodies have jurisdiction to hear the special administrative appeal in procurement matters.<\/p>\n<p>If the dispute proceeds to judicial review, it is heard by the administrative courts (the contentious-administrative jurisdiction), a specialized jurisdiction of the Spanish judiciary competent for reviewing the lawfulness of acts and decisions adopted by public authorities. This jurisdiction specifically covers administrative acts arising from public procurement procedures, including decisions on tender awards, exclusions and contract execution.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are post-award contract amendments\/variations to publicly procured, regulated contracts subject to regulation in your jurisdiction? Are changes to the identity of the supplier (for example through the disposal of a business unit to a new owner or a sale of assets in an insolvency situation) permitted in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes. Post-award amendments or variations to publicly procured contracts are strictly regulated in Spain under the Spanish Act on Government Contracts. As a general rule, material modifications to a contract after award are prohibited unless they fall within the limited scenarios expressly permitted by law, such as modifications provided for in the tender documentation (with a regulated limit), additional works or services that have become necessary and meet statutory conditions, or unforeseeable circumstances that do not alter the overall nature of the contract. Where an amendment is not permitted under these rules, a new procurement procedure is required.<\/p>\n<p>Changes to the identity of the supplier are strictly regulated. As a general rule, the assignment or transfer of a public contract is only permitted where expressly provided for in the tender specifications and subject to the prior authorization of the contracting authority. Any incoming contractor must meet the applicable selection and solvency requirements and must not be subject to any exclusion grounds.<\/p>\n<p>In addition, certain situations of legal succession of the contractor (such as mergers, spin-offs or other forms of corporate restructuring) are permitted and do not require prior authorisation, provided that the successor entity fulfils the original conditions of participation.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How common are direct awards for complex contracts (contract awards without any prior publication or competition)? On what grounds might a procuring entity seek to make a direct award? On what grounds might such a decision be challenged?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Direct awards for complex contracts without prior publication or competition are exceptional in Spain and are subject to strict legal conditions under the Spanish Act on Government Contracts. As a general rule, complex contracts must be awarded through competitive procedures, and the use of direct awards is narrowly construed.<\/p>\n<p>Direct award does not exist as such under Spanish public procurement law. That said, Spanish regulation allows contracts to be awarded without competition in limited and clearly defined scenarios, most notably in the case of minor contracts (currently capped at EUR 40,000 for works contracts and EUR 15,000 for supply and services contracts, net of VAT), as well as in exceptional cases where competition is objectively impossible, for instance due to exclusive rights or patent protection. These awards remain subject to public procurement rules and principles, but are carried out through highly simplified procedures with reduced formal requirements.<\/p>\n<p>Such decisions are frequently challenged on the grounds that the legal conditions for a direct award were not met, that urgency was foreseeable or self-inflicted, or that competition was unjustifiably restricted. Review bodies apply a particularly strict standard of scrutiny in these cases.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Have your public procurement rules been sufficiently flexible and\/or been adapted to respond to other events impacting the global supply chain (e.g. the war in the Ukraine)?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Spanish public procurement regulations have generally been perceived as rigid and slow to adapt to major external shocks affecting global supply chains, such as the COVID-19 pandemic or the war in Ukraine. Although the Spanish Act on Government Contracts provides limited mechanisms to address unforeseen circumstances (including contract modifications or urgency-based procedures) these tools are interpreted restrictively and have often proved insufficient in practice to respond swiftly to sudden disruptions, shortages or extreme price volatility.<\/p>\n<p>As a result, contracting authorities and contractors have frequently faced significant difficulties in adjusting contractual terms, timelines or pricing to reflect rapidly changing market conditions.<\/p>\n<p>Overall, while the legal framework prioritises legal certainty and competition, it has struggled to offer the level of flexibility required to effectively manage systemic and unpredictable supply chain shocks.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\r\n<div class=\"word-count-hidden\" style=\"display:none;\">Estimated word count: <span class=\"word-count\">4247<\/span><\/div>\r\n\r\n\t\t\t<\/ol>\r\n\r\n<script type=\"text\/javascript\" src=\"\/wp-content\/themes\/twentyseventeen\/src\/jquery\/components\/filter-guides.js\" async><\/script><\/div>"}},"_links":{"self":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide\/128454","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide"}],"about":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/types\/comparative_guide"}],"wp:attachment":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/media?parent=128454"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}