Spanish Public Procurement: Contract Thresholds and Procedures (LCSP)

Public Contract Thresholds and Procedures

The following thresholds apply to public contracts (excluding VAT):

• Minor Contracts: Inferior to €50,000.00.
• Negotiated Procedure Without Advertising: Between €50,000.00 and €200,000.00. Requires inviting a minimum of three companies.
• Negotiated Procedure With Advertising: Between €200,000.00 and €1,000,000.00.
• Open Procedure (National Threshold): Between €1,000,000.00 and €5,150,000.00. Advertising in the DOE (Official State Gazette). Offer submission deadline: 26 days.
• Open Procedure (EU Threshold): Equal to or greater than €5,150,000.00. Requires advertising in the DOUE (Official Journal of the European Union), DOE, and BOE (Official State Gazette). Offer submission deadline: 52 days from the date sent to the DOUE.

Advertising and Publication of Awards

The final award of contracts (except minor contracts) will appear in the profile of the contracting authority. When the contract amount equals or exceeds €100,000, publication in the DOE is also mandatory. Furthermore, the final award of contracts must be published in the OJEU (or DOUE), SARA, BOE, and DOE (Article 138 of the LCSP).

Frequently Asked Questions on LCSP

Negotiated Procedure with New Advertising

Is it worth starting a business with new advertising by the LCSP?

Its development is similar to a restricted procedure with a double deadline: applications for participation first, and then a request for quotes. However, it is not required to hold a panel on negotiated contracts with advertising because of their size.

Provisional Guarantee Requirement

Is it compulsory to apply for a provisional guarantee (up to 3% of the tender budget excluding VAT) for SARA contracts?

No, under no circumstances is it required (Article 91).

Definitive Bond Amount

What is the amount of the definitive bond?

The definitive bond is 5% of the award amount without taxes (Article 83). This is certainly mandatory.

Changes in Award Criteria and Evaluation Committees

Are there any changes in the award criteria?

When the score obtainable through the application of criteria that are not mathematical formulas is greater than the score obtainable through criteria that can be applied mathematically, it is mandatory to establish a committee. This committee must have a minimum of three members, consisting of experts not integrated into the body proposing the contract and possessing appropriate qualifications. They shall conduct the evaluation of offers, or entrust such an assessment to a specialized technical body, properly identified in the specifications (Section 134.2 of the LCSP).