Procurement Process in Spain : A Study on Procurement Appeals

Abstract

     The contracting process of administrative agencies in Spain is governed by the Public Sector Contracts Act of 2017 (Law 9/2017). The key principles include
that all processes of administrative contracts - from the pre-contractual preparation process, the selection of contracting parties, the execution of contracts, and compliance with contracts, to the termination of contracts - are subject to the Public Sector Contracts Act and fall within the jurisdiction of the administrative courts. Legal actions related to administrative contracts can be filed in two types of cases : (1) cases seeking annulment of administrative orders related to the unlawful contracting process, and (2) administrative contract cases seeking financial compensation from administrative agencies. The procurement process is a crucial step in acquiring contracting parties through various methods as specified by the administrative agency, leading to the formation of contracts by the administrative side. If the outcome of the procurement process is unsatisfactory to the bidders, they may file an appeal. The Public Sector Contracts Act provides remedies for those adversely affected by the procurement process, which is a pre-contractual process. Specifically, the bidders may (1) file a lawsuit directly with the competent administrative court, or (2) appeal to the Contract Dispute Resolution Committee. One may choose between submitting a special appeal to the Contract Dispute Resolution Committee or filing a lawsuit with the competent administrative court. Additionally, the principle of continuity in contract execution is a key principle aimed at ensuring uninterrupted public services. It also emphasizes the need for efficient budget control. If a contract has been signed, it must ensure continuous, uninterrupted, convenient, and swift public service delivery. In Spain, the contract period may be extended.