The approval of Law 30/2007, of October 30, of Public Sector Contracts, has led to the incorporation into Spanish law of important new developments in the field of Public Procurement. A good part of them come from European Community law, both from the Directives laying down the rules on the harmonisation of the laws of the Member States with regard to the procedures for the award of public contracts, as well as other legislative or policy initiatives of the European Union bodies or even the practice of legislation in force in the various European States.

The introduction of these new developments, as well as the amendments to the legislation in force at the time of the adoption of the new Law 30/2007 of 30 October, determine the need to adapt the regulatory rules in force to the new legal regime. A good part of the new institutions that are incorporated in our right to public procurement and the reforms of the current law that incorporates the Law can be subject to regulatory development without the need to force the required deadlines. for the development of a standard of such technical complexity as the Public Sector Contract Law Development Regulation is.

Such is the case of most of the new procedural figures collected in the legal text, whose implementation in our Legal Order does not require special regulatory regulation due to its extensive regulation. In the Law on Public Sector Contracts, their immediate application is not an unavoidable requirement of the contractual activity of the different awarding powers, so it is recommended that the development of the same be carried out by the adoption of a full regulatory standard. The same applies to some of the amendments that the new law introduces in respect of the rules previously in force.

However, there are matters, among those governed by Law 30/2007, of 30 October, whose regulatory development is clearly advisable to take it into effect as immediately as possible with the double objective of enabling the the implementation of such amendments and at the same time enable the proposed objectives to be met through them.

Good example of this is what makes reference to the purposes of reducing the administrative burden on the contracting authorities and on the tenderers themselves at the time of participating in the procurement procedures. award. This is one of the purposes that it is proposed in express way in the Law of Public Sector Contracts, as evidenced in its Exposition of Motives in saying " obligately, the new Law 30/2007, of October 30, also comes to effect a general review of the regulation of contractual management, in order to make progress in its simplification and rationalisation, and to reduce the costs and burdens placed on the contracting entity and private contractors. "

Law 30/2007, of October 30, seeks to achieve this purpose through different mechanisms; from them, the main ones refer to the system of classification of contractors, to the ways of accreditation of the requirements of fitness and award procedures, in the latter case by raising the quantitative limits from which it is necessary to go to the ordinary procedures for the award.

In addition to these reforms, Law 30/2007 of 30 October contains some precepts whose regulatory regulation is also appropriate to carry out as quickly as possible, given the immediacy of their application in the calls for tenders to be convened, as well as for the doubts that it may raise in the light of the novelty that its implementation entails for the contractual practice of public bodies.

As a result, the royal decree regulates certain aspects of the classification of the contracting companies, the Official Register of Tenderers And Classified Enterprises, the assessment of the assessment criteria subjective, especially when it is to be done through the expert committee or independent body referred to in Article 134.2 of the Law on Public Sector Contracts, the Contracting Messes to constitute in the field of Public administrations and communications to the Official Register of Contracts.

In its virtue, on the proposal of the Second Vice President of the Government and Minister of Economy and Finance, with the prior approval of the Minister of Public Administration, according to the State Council, and after deliberation of the Council of Ministers at its meeting on 8 May 2009,

DISPONGO:

CHAPTER I

Business Classification

Section 1. Economic-financial Solvency for the classification of companies.

Article 1. Technical criteria for economic and financial solvency.

1. The determination of the financial and economic solvency for the purposes of the classification shall be carried out as follows:

(a) Companies such as business contractors or as service undertakings shall require the amount of their net worth, according to the balance sheet of the annual accounts approved and presented in the Trade Register for the last financial year ended and, failing that, for the last financial year for which the filing period has ended, exceeds the minimum amount laid down in the commercial law so as not to incur dissolution.

(b) The determination of the economic and financial solvency of employers who are natural persons for classification as undertaking contractors or as service undertakings shall be carried out on the same basis as for companies, replacing the criterion for determining the minimum amount of their net worth in respect of which this is not less than half of the figure laid down by commercial law as the minimum amount of the share capital for the companies limited liability companies and the data in their annual accounts may be replaced presented in the Register of Companies for which they appear in their Book of Inventories and Annual Accounts, duly legalized, when the employer is not registered in that Register and is not obliged to do so.

(c) The financial and economic solvency of professionals who do not have the status of entrepreneurs, for the purposes of their classification as service undertakings in sub-groups whose content is in the form of an undertaking regulated professional activity, shall be credited by means of the provision of insurance for occupational risks whose coverage is of an amount not less than the average annuity of the contracts to which each classification category allows access, or the amount to which by reason of their profession or activity is legally obliged, if higher.

(d) The determination of the economic and financial solvency of non-commercial entities requesting their classification as works contractors or as service companies shall be carried out on the same criteria as for companies, replacing the criterion for determining the minimum amount of their net worth in respect of which the latter is not less than half the figure laid down by the commercial law as the minimum amount of the share capital for the limited liability companies, or the minimum amount required in their Statute or in the rules applicable to the entity, if any of them were higher. References to the Trade Register shall be construed as being made to the public register legally applicable to them.

2. In any event, the entities required to audit their accounts, as well as those who have submitted them to audit by any circumstance, shall include in their accounts the relevant audit report, the results of which shall be taken into account for the interpretation of the same for the purposes of classification of the entity or revision thereof.

3. Without prejudice to the obligation to refer accounts or books of accounts to undertakings classified or requesting classification as a condition for obtaining or maintaining their classification, the bodies responsible for the classification processing of the classification files may, at any time, obtain from the relevant public records the information relating to those annual accounts which is necessary for the verification of compliance with the requirements of the classification in the field of economic and financial solvency of undertakings classified or which request classification.

Article 2. Justification of the maintenance of the economic and financial solvency of classified enterprises.

1. In accordance with the provisions of Article 59 (2) of Law 30/2007 of 30 October, and for the purposes of establishing the maintenance of economic and financial solvency, the legal persons shall be required to present, on a basis of a responsible declaration, in accordance with the model which the Advisory Board of Administrative Contracting shall approve for this purpose, and which shall contain at least the following data relating to the annual accounts for the last financial year whose presentation period is complete:

Denomination and identification of the classified entity.

Name, identification, and date of appointment of the Administrator signing the declaration.

Closing, approval and filing dates in the Mercantile Register or in the official record corresponding to the accounts that are the subject of the declaration.

Identification of the relevant Trade Register or official registration, in which the presentation of the accounts for registration has been made.

Amounts of social capital, net worth, profit or loss of the financial year and the total assets of the institution listed in those accounts.

Where applicable, mention regarding their registration in the Official Register of Tenderers And Classified Enterprises of the State, or in that of the Autonomous Community that granted the classification whose maintenance is intended.

2. Individual entrepreneurs who are registered as such in the Trade Register must complete the same declaration and satisfy the same requirements as referred to in paragraph 1 of this Article. Those who do not appear on the Trade Register must submit to the competent body for the processing of the classification files their Book of Inventories and Annual Accounts legalized by the Commercial Registry, within the same time limits. indicated for the presentation of the statement responsible for the legal persons referred to in paragraph 1.

3. Professionals who do not have the status of entrepreneurs must present a responsible declaration, according to the model that, to this effect, will be approved by the Advisory Board of Administrative Contracting, that the insurance policy of compensation for continuing professional risks, including the basic data and the amount of the coverage.

4. The declaration shall be made to the competent body for the processing of the classification files before 1 September of each year, when the accounting year coincides with the calendar year, or before the beginning of the ninth month after the year. to the end date of the financial year, in the event that the exercise does not coincide with the calendar year.

This body will verify the accuracy and veracity of the data provided, which may require the company to contribute to the annual accounts or complete original documents, or to collect them from the corresponding public records.

5. Completed the declaration referred to in the previous paragraph and verified the accuracy and veracity of the declared data, the business owners who credit the maintenance of the financial and financial solvency required for obtaining the classification in the sub-groups and with the ostented categories shall maintain those classifications in the terms in which they were agreed.

Article 3. Verification of the economic and financial solvency data of the classified enterprises.

The competent bodies for the processing of the classification files may, at any time, require the business owners to submit their annual accounts, or, where appropriate, of their inventory books and Duly legalized annual accounts or the supporting documentation of their insurance for occupational risks, in order to verify the maintenance of their financial and economic solvency. The non-contribution in time and form of the required documents shall be equivalent to the non-accreditation of their economic and financial solvency and shall result in the initiation of the classification review file.

Section 2. The Classification Review.

Article 4. Ex officio review of classifications for reasons relating to economic and financial solvency.

1. The competent authority for the processing of the classification files shall initiate the classification review dossier granted in the following cases:

(a) Where a classified undertaking has not submitted within the prescribed period the declaration referred to in Article 2.

(b) Where the presentation of their accounts in the Trade Register or the corresponding official register, or of the professional risk indemnity insurance referred to in paragraph 3 of this Article, has not been granted, Article 1.

(c) If the documents referred to in the previous two cases show insufficient financial and economic solvency in accordance with the minimum requirements laid down in that Article.

2. In the case where the company accredits its solvency in the terms required in Article 1 (1) during the processing of the file, its net worth does not reach the thresholds required for obtaining any of the categories which The Commission of Classification shall agree to the revision of its classifications, reducing its categories to the maximum corresponding to the net worth credited by the undertaking as laid down in the said Articles, without there being any examination or review of factors relating to their technical or professional solvency.

The same rules shall apply to the professionals referred to in Article 1 (3), the annual accounts being replaced by the insurance policy for occupational risks to which the insurance policy relates. paragraph.

3. Similarly, where the employer does not submit the documentation referred to in Article 3, the requirement referred to in paragraph 3 of the following Article shall be specified in the case of documents required to prove his/her economic and financial solvency.

4. The body responsible for the processing of the classification files may, of its own motion, initiate a review of the classifications agreed upon as soon as it becomes aware of the existence of circumstances likely to reduce the classification. the solvency conditions which served as a basis for the classification granted. To this end, the contracting authorities shall inform the Board of these circumstances if they have knowledge of them.

5. In any event, the employer is obliged to inform the competent body of the classification of any variation in the circumstances which would have been taken into account in order to allow it to give rise to a review of the itself. The omission of this notice will make the employer liable for the prohibition on hiring provided for in Article 49 (1) (e) of Law 30/2007 of 30 October.

Article 5. Records for review of classifications for reasons relating to economic and financial solvency.

The classification review files for reasons relating to economic and financial solvency shall be processed in accordance with the procedure for obtaining the classification provided for in Article 47 of the General Regulation. of the Law on Contracts of Public Administrations, approved by Royal Decree 1098/2001 of 12 October, with the following particularities:

1. The classification review files shall cover the whole of the sub-groups in which they are listed in force, both for works and for services.

2. The review files initiated on their own initiative for a reduction in financial and economic solvency may be dealt with, in addition to those already in the file, taking into account the additional data which the instructor considers to be need to be incorporated.

3. To this effect, where a classified undertaking has not submitted within the prescribed period the declaration referred to in Article 2, or where the presentation of its accounts is not credited to the Trade Register or the official register concerned, prior to the initiation of the file, the competent authority for the processing of the classification files shall make a request for the supply within ten days together with the accounts and the supporting evidence of their submission to the register, with a warning that After the deadline is not completed, the classification review file will be started.

Identical requirement shall be applied where the employer who develops a professional activity does not present the declaration required by Article 2 or the employer does not certify all the particulars required by him.

4. In the case of the review files initiated ex officio, it shall be given, prior to the proposal for a resolution of the procedure, a 15-day time-limit hearing for the employer whose classification is reviewed and any other persons interested in the procedure. procedure, in order to enable them to make the allegations and to present the evidence they deem relevant for the defence of their rights.

Article 6. Resolution reports and proposals.

For the elaboration of the proposals for the resolution of the classification and revision dossiers of classifications that will require it, it will be possible to request a report from the ministerial departments, agencies and entities that Consider appropriate. Once the dossier has been processed, the body responsible for processing the classification files shall draw up a proposal for a resolution, which shall be submitted to the decision of the relevant Commission of Classification. In the event of a file affecting the classification of works and services of the same undertaking, the decision shall be taken jointly by the two Classification Commissions.

Article 7. Resources.

Agreements concerning the classification of undertakings adopted by the Classification Commissions of the Advisory Board of Administrative Contracting of the State may be the subject of an appeal to the Minister of Economy and Finance. Those adopted by the competent bodies of the Autonomous Communities may be the subject of an appeal to the respective hierarchical higher body.

The processing of these resources will be carried out in accordance with the provisions of Articles 114 and 115 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and the Administrative Procedure. Common.

CHAPTER II

The Official Registry of Senders and Classified Companies of the State

Section 1. General Rules

Article 8. Organisational arrangements.

1. The Official Register of Tenders and Classified Enterprises of the State depends on the Ministry of Economy and Finance, through the General Directorate of the State Heritage.

2. The Official Register and the State-Classified Enterprises shall be the responsibility of the General Sub-Directorate of the Classification of Contractors and the Registry of Contracts as a technical support body of the Advisory Board of Administrative Contracting of the State. Status.

3. The register shall be electronic, with the information required to be available to it, as well as, where appropriate, the digitisation of the paper documents in which it is to be recorded, and in this process the measures necessary to prevent the alteration of the same, as well as their handling once they have been incorporated into it.

Article 9. Enrollment classes.

1. Entries in the Register may be voluntary or compulsory.

2. The registration of the Classification of the contracting companies and the prohibition of hiring in the cases specified in Article 50.4 of the Law on Public Sector Contracts will be mandatory.

3. In all cases not provided for in the previous paragraph, registration will be voluntary.

Section 2. Mandatory Subscriptions

Article 10. Registration of the classification.

In the Official Register of Tenderers And Classified Enterprises of the State, it must be compulsory:

a) The classification given to each entrepreneur.

(b) Changes in classification whether they involve the recognition of new groups or sub-groups as if they involve a reduction of these. Similarly, the amendments to the increase or reduction of the categories in which the undertaking is classified shall be included.

c) Revocation of recognized classifications.

Article 11. Practice of the enrollment of the classification.

The registration of the classification of each company, as well as the constancy of each of the modifications that will be made by the Advisory Board of Administrative Contracting, as a process of execution of the judgment given in the file dealt with for that purpose.

To this end, where, in respect of the undertaking whose classification is concerned, the circumstances referred to in paragraphs (a) and (c) of the State of the State are not entered in the Official Register of Tenderers And Classified Undertakings of the State. Article 15 (2) shall be entered in the register, on the basis of the appropriate documents for this purpose and which have been submitted to the classification procedure.

Article 12. Registration of the prohibitions on hiring.

The prohibitions on hiring, referred to in Article 50.4 of the Public Sector Contracts Law, with an expression of the date in which the contract is based, will also be entered in the Official Register of State Bidders and Companies. which were agreed, the legal cause that motivates them, their duration and the extent of their effects.

Article 13. Practice of enrollment.

1. The entries referred to in the previous Article shall be carried out on their own initiative by the Advisory Board of Administrative Contracting, as follows:

(a) In cases where the prohibition is agreed by a judicial decision which also gives a ruling on its scope and duration, the registration shall be carried out on the basis of the testimony of the decision which has been sent to the Registry. Official of the State of Tenderers and Classified Enterprises.

b) In cases where the prohibition, as well as its duration and scope, or the latter two only, are agreed under the terms of a decision of the Minister for Economic Affairs and Finance or the competent body of another public administration, The same resolution shall be ordered to be entered in the Register, which shall be carried out without further formalities.

2. The registration of the prohibition shall be carried out, and shall be transferred to all the Official Registers of Tenders established by the Autonomous Communities so that they can be registered in it.

Article 14. Effects of the registration of the prohibitions on hiring.

They will not produce effects, until their constancy in the Official Register of State Bidders And Classified Enterprises, the prohibitions of hiring agreed upon in the following assumptions:

(a) Those which are agreed upon by administrative decision, or by resolution of this same nature, shall be established for their duration and scope, in respect of persons who have been convicted by virtue of a final judgment by crimes of illegal association, corruption in international economic transactions, influence peddling, bribery, fraud and illegal levies, crimes against the Public Finance and Social Security, crimes against the rights of the workers, misappropriation and reception and related conduct, offences relating to the protection of the the environment, or to the penalty of special disablement for the exercise of profession, trade, industry or trade referred to in Article 49.1 (a) of the Law on Public Sector Contracts.

(b) Those adopted in respect of employers for having been signed on a firm basis, in accordance with Article 49.1 (c) of Law 30/2007 of 30 October, for serious infringement of market discipline, in (a) professional matter or in the field of labour integration and equal opportunities and non-discrimination of persons with disabilities or for very serious infringement in the social field, including infringements in the field of risk prevention in accordance with the provisions of the Recast Text of the Law on Infringements and Sanctions in the Social Order, approved by Royal Legislative Decree 5/2000 of 4 August, or in environmental matters, in accordance with the provisions set out in the following provisions: Royal Legislative Decree 1/2008, of 11 January, approving the text Recast of the Environmental Impact Assessment Act; in Law 22/1988, of July 28, of Costas; Law 42/2007, of December 13, of Natural Heritage and Biodiversity; in Law 11/1997, of April 24, of Envases and Waste In Law 10/1998, of 21 April, of Waste; in the Recast Text of the Law of Water, approved by Real Legislative Decree 1/2001 of 20 June and Law 16/2002 of July 1 on Integrated Pollution Prevention and Control.

(c) The agreed upon, within the meaning of Article 49.1 (e) of Law 30/2207 of 30 October, for having incurred the employer in falsehood when making the statement responsible for not being in breach of prohibition of to contract or to provide any other data relating to its capacity and solvency, or to have failed, on account to be attributable to it, to communicate any changes in circumstances that would have been taken into account for to award the classification and which may result in a revision of the classification, as well as those affecting the data reflected in the Official Register of Tenderers and the overvenience of any circumstance determining the concurrence of a prohibition on hiring.

(d) The agreed upon, pursuant to the provisions of Article 49.2 of the Public Sector Contracts Act, in the following cases:

1. With respect to the business owners who had given place, because of which they had been found guilty, to the firm resolution of any contract concluded with a public administration.

2. º When the tenderer has infringed a prohibition to contract with any of the public administrations.

3. Any of the bidders affected by a prohibition on hiring imposed under administrative sanction, as provided for in Law 38/2003 of 17 November, General of Grants, or in Law 58/2003, dated December 17, General Tax.

4. When the tenderer concerned had unduly withdrawn his proposal or candidacy in an award procedure, or had made it impossible to award the contract definitively in his favour for failure to submit the documentation supporting the fulfilment of the requirements referred to in Article 135.4 of Law 30/2007 of 30 October, or not constituting the guarantee which, where appropriate, is appropriate within the time limit specified by the measure, or negligence.

5. In those cases where the employer has failed to fulfil the special conditions of performance of the contract established in accordance with Article 102 of Law 30/2007 of 30 October of Contracts of the Sector Public, where such non-compliance would have been defined in the documents or in the contract as a serious infringement in accordance with the provisions of this Law, and it concurs with the employer's fault or negligence.

Section 3

Article 15. Voluntary registration acts.

1. They may apply for registration in the Official Register of Tenderers And Classified Enterprises of the State, both natural persons who have the status of employers or professionals, as well as legal, national or foreign.

2. Without prejudice to the recording of the acts referred to in the previous Section, the persons referred to in the preceding paragraph may apply for the following acts:

(a) The corresponding to their personality and ability to act, in the case of legal persons.

(b) Those relating to the extension of the powers of the representatives or proxies with the capacity to act on their behalf and to force it contractually.

(c) Those concerning professional authorizations or ratings and other requirements that are necessary to act in their field of activity.

(d) Data relating to the economic and financial solvency specified in the following Article, which shall be independently reflected if the employer has no classification.

Article 16. Circumstances of voluntary registration.

1. The registration of the data relating to the personality and capacity to act of the legal person shall contain the following circumstances, referring to the time when the application for registration is made:

1. The employer's name or social reason.

2. Nationality.

3. "Trade Register" or "Official Register" in which they are registered.

4. Type of entity and legal form.

5. Social Address.

6. Social Object.

7. The employer's identification codes. In the case of Spanish businessmen, the number of tax identification as identification code shall be included in any case. In the case of foreign businessmen, the tax identification number assigned to them by the General Administration of the State pursuant to the provisions of the additional provision of Law 58/2003, of 17 December, General Tax, and in its regulatory development provisions, as well as the code officially assigned or accepted for identification in accordance with the implementing regulations in your country of residence.

8. Administrators or Management Bodies.

2. The registration of individual employers shall contain the following circumstances, relating to the time when the application for registration is made:

1. Name of the entrepreneur.

2. Nationality.

3. Country of establishment, if different from that of your nationality.

4. The Commercial Registry in which you are registered, if any.

5. Address.

6. The employer's identification codes. In the case of Spanish businessmen, the number of tax identification as identification code shall be included in any case. In the case of foreign businessmen, the number of tax identification assigned to them by the General Administration of the State pursuant to the provisions of the sixth provision of Law 58/2003 of 17 December, General Tax, and in its provisions for regulatory development, as well as the code officially assigned or accepted for identification according to the implementing regulations in your country of residence, and, failing that, your passport number. In the case of foreign businessmen resident in Spain, their Foreign Identity Number (NIE) will be included as their identification code.

3. The powers of the administrative bodies of the legal person may also be included where they are not legally determined, as well as the identification data of the persons exercising them, with an indication of the duration of the (a) his/her position of solidarity or joint position when they are exercised by them, and any quantitative, territorial or other limitations which may affect them.

4. The registration of the powers granted by the employer, whether he is an individual employer or a legal person, and the delegations made by the administrative bodies of the legal person in favour of one of its members shall have as their object record, in addition to the identification details of the proxy, the privileges granted to the contracting authority, as well as the solidarity or joint nature of the power where the proxy and the quantitative limitations are several; territorial or other types that may affect you.

5. The recording of the data relating to the economic and financial solvency of the employer may reflect, inter alia, the following circumstances:

(a) Figures of the last annual accounts of the entity, approved and filed in the Trade Register or in the corresponding official register. In the case of individual entrepreneurs who are not registered in the Trade Register, they may be included in their book of Inventories and Annual Accounts duly legalized.

(b) A figure of the overall turnover, referred to as a maximum of the last three financial years available on the basis of the date of creation or commencement of the business of the employer. After three years without the data referred to in this paragraph being updated, the seat containing the data may be cancelled ex officio and without further formalities.

(c) Policy or Certificate of Insurance for Occupational Risks, in the case of professionals who do not have the status of employers, with the expression of the insurance undertaking, the risks covered, the limit or liability limits of the insurer and the due date of insurance.

Article 17. Practice of voluntary registration.

1. The registration, when voluntary, will be requested in writing addressed to the Advisory Board of Administrative Contracting, in the model that, to this effect, will be established, in which all the circumstances will be expressed Record in the Register accompanying the supporting documents.

2. For the purposes of the preceding paragraph, companies applying for registration must accompany, in the light of the circumstances on which they apply, the following documentation:

1. In the case of Limited Companies or Limited Liability, the writing of the constitution, and the deed of modification that were subsequently granted and reflect in an updated manner the circumstances of which enrollment request.

2. "2."........................................................... circumstances whose registration you request.

3. The natural persons shall provide the National Identity Document or, in the case of foreign nationals, the equivalent documentation certifying the identity, nationality and domicile of the person concerned, together with the rest of the evidence of their ability to act, which is necessary in accordance with the circumstances, in particular those of a tax nature and the evidence of discharge in the relevant social security scheme.

4. The appointments of the administrators, the delegations of faculties and the powers granted to contract with the entities that are part of the Public Sector.

5. The annual accounts for the last financial year, approved and presented in the Trade Register or in the corresponding official register. In the case of individual entrepreneurs not registered in the Commercial Register or obliged to do so, the accounting books duly completed.

3. In any event, for the purposes of registration of the acts provided for in Article 15.2 (b) and following, it shall be necessary, prior to or at the same time, to register the data corresponding to his personality and ability to act.

4. All documents provided or their copies must be legally suitable to prove the extremes contained in them. Where the documents are to be registered, in accordance with the provisions in force, in the Trade Register or in any other official register, this circumstance shall also be credited.

5. Titles and documents relating to professional authorizations or ratings and other requirements which are necessary to act in a sector of activity at which the undertakings are provided shall be recorded by the contribution of the original document or authorized copy of it.

6. Data relating to the personality and the ability to act of foreign companies of Community origin, as well as the appointment of the posts to be administered by the Community and the granting of powers, shall be entered in the documents which Provide evidence of their registration in the register, in accordance with the law of the State where they are established.

Where it is not possible to credit them in the above form, a responsible statement or a certificate issued may be entered in accordance with the domestic law of the country of origin or of the legislation (a) the Community, which meets the requirements laid down by the rules governing the authentic nature of documents issued in foreign countries in Spain.

In cases where the registration is requested by a non-Community foreign company, it is required to provide the documentation of his personality and ability to act, of the designation of the positions of his or her administration or of the powers granted to it, in accordance with the legislation of its countries of origin, accompanied by a certificate issued by the relevant consular post indicating the adequacy of the documentation submitted to the domestic law of the country concerned.

7. If the registration applied for is not carried out within three months from the date of application or from the date of completion of all the requirements necessary for the application, the applicant may consider it to be refused provided for in Article 43 of Law 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure.

Article 18. Obligations of registered employers.

1. In order to ensure the accuracy, accuracy, relevance and timeliness of the information entered in the Register, the registered entrepreneurs have the following obligations in relation to their registration records:

a) Provide accurate, accurate and up-to-date information on the models and formats established for the purpose, both for initial registration and business as for the circumstances of which they apply.

b) Carry out the evidence of the data and circumstances whose registration you request.

(c) Keep up-to-date information in the Register relating to its circumstances subject to registration, by notifying the amendments thereto together with the supporting evidence.

d) Keep up to date the information relating to its financial or economic solvency by submitting a statement of the content and in the terms provided for in Article 2.1 of this royal decree, where it has promoted and obtained the registration of the circumstances relating to the said solvency.

2. The communication to the Register of incorrect, inaccurate or outdated information, as well as the lack of communication of the modifications or updates produced in the information entered in the Register concerning an employer may give rise to the cancellation of the registered registered seats.

3. The Ministry of Economy and Finance shall ensure the accuracy and accuracy of the data and inscriptions of the Register. To this end, it may be possible to obtain from the registered employers and the public records the information necessary for its verification, and may rectify or de officiate the registered seats when the absence of correspondence is established. with reality.

Article 19. Effects of registration on the Register.

1. The registration in the Official Register of Tenderers And Classified Enterprises of the State shall prove in respect of all contracting authorities of the public sector, in accordance with the provisions of the said Register and, unless otherwise proved, the conditions of an employer in terms of his/her personality and ability to act, representation, professional or business rating, economic and financial solvency, and classification, as well as the concurrency or non-concurrence of the prohibitions on which he/she must record in the same.

2. The content of the Official Register of Senders and Classified Companies of the State is public, and all those who have a legitimate interest in knowing their pronouncements, in the form provided for in Article 37 of Law 30/1992, may be able to access it. November 26, Legal Regime of Public Administrations and Common Administrative Procedure.

3. In any case, the personal data in the Register will be subject to the limitations for its dissemination, as well as to the protection and protection of the rights of the interested persons established by the Law 15/1999, of 13 December, Protection of Personal Data.

Article 20. Certifications relating to enrollments.

1. The registration in the Official Register of Tenderers and Classified Companies of the State shall allow the replacement of the presentation of the documents referred to in Article 130.1 of Law 30/2007, October 30, by means of a certificate issued accompanied by a responsible statement made by the tenderer in which it is apparent that the circumstances reflected in the certificate have not changed. In any case, the contracting authorities and tables may verify that the data and circumstances contained in the certification are consistent with those of the Official Register of Tenders and Classified Enterprises.

2. The certification issued by the Official Registry of Tenderers And Classified Enterprises of the State shall contain all the data in the Register in accordance with Articles 10, 12, 15 and 16.

3. The certificate referred to in the preceding paragraph may be issued electronically, if the contract notice does not provide otherwise. Where the contract documents or the contract notice provide for, the incorporation of the certificate into the procedure may be carried out on its own initiative by the contracting authority or by the contracting authority to which the examination of the proposals is appropriate. the Official Register of Tenderers And Classified Undertakings, without prejudice to the fact that the tenderers are required to present, in any case, the responsible declaration referred to in paragraph 1 above.

CHAPTER III

The Hiring Tables

Article 21. Composition of the recruitment tables.

1. The contracting authorities of public administrations shall be assisted in the procedures for the open, restricted and negotiated award of contracts with advertising by a contracting authority which shall be competent for the assessment of tenders.

2. The recruitment tables shall be composed of a President, a Registrar and at least four vowels, all of whom are appointed by the contracting authority. Members shall be required to include an official from whom the legal advice of the contracting authority and an Interventor are entrusted or, in the absence of any of them, who has the corresponding duties assigned to them. the legal advice or economic-budgetary control of the body.

3. The Registrar shall be an official who provides his services to the contracting authority. Where it is not possible to appoint an official, the designation shall be made between those of another type of staff who are dependent on the contracting authority.

4. The appointment of the members of the contracting bureau may be made on a permanent basis or in a specific manner for the award of each contract.

Its composition shall be published in the contracting profile of the contracting authority concerned at least seven days in advance in respect of the meeting to be held for the qualification of the documentation referred to in the Article 130.1 of Law 30/2007 of 30 October.

If it is a permanent table, or assigned functions for a plurality of contracts, its composition must also be published in the "Official State Gazette", in the Autonomous Community or in the Province, as it is of the General Administration of the State, the Autonomous Region or the Local Government.

5. The meetings of the bureau may be incorporated by the officials or specialised advisers who are necessary, depending on the nature of the matters to be dealt with, which shall act with a voice but without a vote.

6. All members of the bureau will have a voice and vote, except for the secretary who will only have a voice.

7. For the valid establishment of the bureau, the absolute majority of its members must be present, and, in any case, the President, the Registrar and the two vowels assigned the functions corresponding to the legal advice and the economic-budgetary control of the body.

8. The provisions set out in the preceding paragraphs shall also apply to the procurement tables which are constituted to intervene in procedures for the award of contracts in which their constitution is not required.

Article 22. Functions of the hiring tables.

1. Without prejudice to the remaining tasks assigned to it by the Public Sector Contracts Act and its accompanying provisions, the contracting bureau shall perform the following tasks in open tender procedures:

(a) Qualify the general evidence of the legal personality, the ability to act, the financial, technical and financial control and solvency of the tenderers and other requirements to which they are Article 130.1 of the Law on Public Sector Contracts, as well as the provisional guarantee in the cases where it has been requested, communicating to the interested parties the defects and omissions that they can appreciate in the documentation. To this end it shall meet in good time, subject to the summons of all its members.

(b) Tenderers who must be excluded from the procedure shall be terminated for failing to prove compliance with the requirements laid down in the specification of particular administrative clauses.

(c) Open the submitted proposals by making their content known in public act, except in the case referred to in Article 182.4 of the Law on Public Sector Contracts.

(d) Where the valuation procedure is articulated in several stages, the tenderers to be excluded shall be determined not to exceed the minimum score threshold required of the tenderer to continue in the process. selective.

e) Valorara the various propositions, in the terms provided for in Articles 134 and 135 of Law 30/2007, of 30 October, classifying them in order of decreasing order, to which the technical reports may be requested which it considers to be accurate in accordance with the provisions of Article 144.1 of the Public Sector Contracts Act.

f) When you understand that any of the proposals could be qualified as abnormal or disproportionate, you will process the procedure provided for in Article 136.3 of the Public Sector Contracts Act, and in view of your the result shall be proposed to the contracting authority for its acceptance or rejection, in accordance with paragraph 4 of the same Article.

(g) Outside the case provided for in the above letter, the contracting authority shall propose to the contracting authority the provisional award in favour of the tenderer who submitted the proposal containing the most economically advantageous tender, it is appropriate in accordance with the specifications of the individual administrative clauses governing the invitation to tender. In the case of the award of the framework agreements, it shall propose the award in favour of tenderers who have submitted the most economically advantageous tenders. In those cases where, in accordance with the criteria laid down in the contract, none of the tenders submitted shall be admissible, the invitation to tender shall be declared invalid. Similarly, if, during your intervention, you appreciate that any infringement of the rules for the preparation or regulation of the procedure for the award of the contract has been committed, you may justify it to the contracting authority, to declare the withdrawal.

2. In the restricted procedure, the contracting bureau shall examine the administrative documentation in the same terms as provided for in the previous paragraph. The selection of applicants shall be the responsibility of the contracting authority, which may, however, delegate to the bureau this function by stating in the specification of particular administrative clauses. Once the selection of candidates has been made and the proposals submitted, the same functions as set out in paragraphs (c), (d), (e), (f) and (g) of the preceding paragraph shall correspond to the contracting bureau.

3. In the negotiated procedure, the bureau, in cases where it intervenes, will qualify the general documentation supporting the fulfilment of the prerequisites referred to in Article 130.1 of the Law on Public Sector Contracts and, once after the negotiation phase, it shall assess the tenders of the tenderers, for which it may request the technical reports which it considers to be precise, and shall propose to the contracting authority the provisional award.

Article 23. Competitive dialogue table.

1. The special bureau set up for invitations to tender to be carried out by the competitive dialogue procedure by the contracting authorities of the General Administration of the State shall be composed of the same members as the Article 21, to which persons with technical competence in the field covered by the contract to be awarded, appointed by the contracting authority, shall be incorporated as members with a voice and vote. The number of such members shall not be less than three or represent less than one third of the members of the bureau.

2. The competitive dialogue table will perform the following functions:

1. Prior to the initiation of any contract of collaboration between the public and private sectors, the preparation of the ex-ante evaluation document showing that: (a) The administration, due to the complexity of the contract, is not in a position to define, prior to the invitation to tender, the technical means necessary to achieve the objectives set or to establish the legal mechanisms and (b) a comparative analysis is carried out with alternative forms of procurement which justify in terms of obtaining higher value for price, for the overall cost, for the effectiveness or for the allocation of risks; legal, economic, administrative and financial reasons for the adoption of the this procurement formula. The recruitment file in the case referred to in this issue shall be initiated by the appointment of the members with competence in the matter on which the contract is to be entered for the bureau and the assessment document drawn up by the is.

2. In the candidate selection phase, the competitive dialogue table will examine the administrative documentation in the same terms as provided for in Article 22.2 for the restricted procedure.

3. During the dialogue with the tenderers, the members of the table with technical competence in the subject on which the contract relates may attend the contracting authority, at the request of the contracting authority.

4. If the procedure is articulated in several phases, the table will determine the number of solutions that can be examined in the next phase, based on the agreement that the contracting authority has adopted in such a way. meaning by applying the criteria indicated in the contract notice or in the descriptive document.

5. Once the solution or solutions to be adopted for the last phase of the tender process by the contracting authority will be determined, it will propose that the end of the dialogue be declared, except in cases where it has delegated the power to declare it by itself.

6. ª Valorara the different propositions, in the terms provided for in Law 30/2007, of October 30, classifying them in order of decreasing order of valuation.

7. It may require the tenderer whose tender is deemed to be most economically advantageous to clarify certain aspects of the tender or to ratify the commitments contained therein, provided that no changes are made to the substantial of the tender or tender, the competition is distorted, or a discriminatory effect occurs.

8. The contracting authority shall propose to the contracting authority the provisional award in favour of that of the tenderers who submitted the proposal containing the most economically advantageous tender as appropriate in accordance with the specifications governing the tendering procedure.

Article 24. Table of recruitment of the state centralised procurement system.

The contracting table of the state system of centralized contracting will be chaired by the Director General of the State Heritage, being Vice President the Deputy Director General of Purchasing. They will form part of it as Vocals: a representative of the Ministry of the Presidency, another from the Ministry of Economy and Finance and another from the Ministry of Industry, Tourism and Trade, the State Advocate who has the task of advising of the General Directorate of the State Heritage, the Financial Controller of the General Intervention of the State Administration in the Ministry of Economy and Finance and two officials of the Directorate-General appointed by the Ministry of State Director General of the State Heritage. Act as Secretary an official of the General Procurement Subdirectorate.

The bureau meetings may be incorporated by the necessary officials or advisers, depending on the nature of the matters to be dealt with, which will act with a voice but without a vote.

On the basis of the agenda to be dealt with at each session, representatives of the Ministerial Departments or interested bodies who will act with voice and vote will be incorporated into the bureau's meeting.

CHAPTER IV

Applying award criteria that depend on a value judgment

Article 25. Competent authority for the assessment.

In the procedures for the award, open or restricted, concluded by the bodies of the public authorities, the assessment of the criteria for which the quantification depends on a value judgment shall correspond, in the case of which is to be assigned a weight greater than that corresponding to the criteria for automatic evaluation, or to a committee composed of experts or a specialised technical body.

In the remaining assumptions, the valuation shall be made by the contracting bureau, if it intervenes, or by the contracting authority in the opposite case.

Article 26. Presentation of the documentation concerning the weightable award criteria according to a value judgment.

The documentation relating to the criteria whose weighting depends on a value judgment must be presented, in any case, on independent of the rest of the proposal in order to avoid the knowledge of the latter before the assessment of those has been carried out.

Article 27. Opening the envelopes.

1. For these purposes, the opening of such documents shall be carried out in a public event, the conclusion of which must take place within a period of not more than seven days from the opening of the administrative documentation to which it is refers to Article 130.1 of the Law on Public Sector Contracts.

For these purposes, provided that the error or omissions in the documentation referred to in the preceding paragraph is correct, the bureau shall grant a shorter time limit than the time indicated for the purpose of the act of open can be held within it.

2. In this act, only the envelope corresponding to the non-quantifiable criteria will be opened automatically and the documentation contained therein will be given to the organ responsible for its assessment. acted.

Article 28. Composition of the expert committee.

1. Where the assessment is to be carried out by a committee composed of experts, these shall be at least three.

2. Whenever possible, the members of the said committee shall be personnel at the service of the ministerial department or contracting authority. In no case may they be integrated into the body proposing the conclusion of the contract.

3. All the members of the committee shall have the appropriate professional qualification for the subject matter on which the assessment is to be made.

Article 29. Designation of the bodies to be assessed.

1. The appointment of the members of the expert committee referred to in the preceding articles may be made directly in the specification of particular administrative clauses or the procedure for carrying out the contract shall be established.

2. Where the assessment is to be carried out by a specialised technical body, the designation of such a specialised technical body shall also appear in the specification of particular administrative clauses and be published in the contractor profile.

3. In both cases, the designation must be made and published in the contractor profile prior to the opening of the documentation referred to in Article 27.

Article 30. Practice of valuation.

1. The specifications or specific criteria to be assessed by the expert committee or by the specialised body shall be specified in the specifications of the individual administrative clauses, the period in which they are to be determined by the expert committee. make the assessment and the maximum and minimum limits in which it is to be quantified.

2. In any case, the assessment of the quantifiable criteria will be automatically carried out after those whose quantification depends on a value judgment.

3. The weighting assigned to the criteria dependent on a judgment of value shall be made known in the public act of opening of the remainder of the documentation incorporating the proposal, unless in the specifications of particular administrative clauses provides otherwise for the act in which it is to be made public.

CHAPTER V

Communications to the Public Sector Contract Registry

Article 31. Content of the communications to the Public Sector Contract Registry.

1. The communications to the Public Sector Contract Registry referred to in Article 308 of Law 30/2007 of 30 October shall contain the basic data of the contracts awarded which are set out in Annex I to this royal decree.

2. The contracting authorities required to carry out such communications shall forward the data before the end of the first quarter of the following year to which the information for each financial year corresponds.

For the data relating to the award of contracts, the reference date for the calculation of that period shall be the final award of the contract. For data relating to modifications, extensions, changes in time or price, the reference date shall be that of the respective incident, unless all those relating to the same contract are accumulated in a single communication, in which case the reference date shall be the date of the last reported incident. For the data relating to the final amount and termination of the contract the reference date shall be that of the contract.

3. Communications shall be made by electronic, computer or telematic means in the form determined by the Minister for Economic Affairs and Finance in accordance with the Autonomous Communities.

Single additional disposition. Use of electronic, computer and telematic means.

In order to promote the agility, effectiveness and efficiency of the procedures regulated in this royal decree, and in accordance with the provisions of the additional eighteenth and nineteenth provisions of Law 30/2007, 30 of October, the communications, requirements and notifications provided for in this royal decree may be carried out by electronic, computer or telematic means.

Certifications of the seats of the Official Registry of Tenderers And Classified Enterprises of the State may be provided by electronic, computer or telematic means, with equal value and effects as those issued by conventional means.

To this end, and in accordance with the provisions of the final provision of the ninth of Law 30/2007 of 30 October, the Minister of Economy and Finance will be able to establish, by way of order, the technical specifications and the necessary models for the full effectiveness of the practice of such communications, requirements, notifications and certifications by electronic, computer or telematic means.

First transient disposition. Data communication to the Public Sector Contract Registry.

The contracts awarded from January 1, 2009, to be communicated to the Ministry of Economy and Finance for registration in the Public Registry of Contracts will, in any case, be used for the codification of the the purpose of the contract is the CPV codes approved by Regulation 213 /2008/EC of 28 November 2007.

The object of contracts awarded before that date may be codified in accordance with that CPV or in accordance with the CPA, the communicating organ of the same by one or another system of coding for all the contracts to be communicated to the Ministry of Economy and Finance from the entry into force of this royal decree, expressly indicating the option previously chosen or simultaneously with the first notification to be made.

The codes corresponding to the new types of contracts, award procedures and other coded information as amended by the entry into force of the Law on Public Sector Contracts will be in accordance with Annex III. The Ministry of Economy and Finance may, by way of Order, amend the format and specifications for the communication of data from contracts established by Order EHA/1077/2005 of 31 March 2005 for such referrals.

Second transient disposition. Transitional arrangements for the rules relating to the Official Register of Tenderers And Classified Enterprises of the State.

During the six-month period from the start of the Official Registry of Tenderers And Classified Enterprises of the State, the capacity of the business owners may continue to be accredited to the contracting authorities of the General administration of the State and its public bodies by means of certificates issued by the voluntary registers of tenderers in their field.

The content of such records may be transferred to the State's Classified Bidders and Companies by means of computer support to ensure the integrity and unalterability of the data.

Transitional provision third. Currently constituted hiring tables.

The hiring tables of a permanent nature or having attributed competence to a plurality of contracts that are constituted at the moment of the entry into force of this royal decree will subsist with the the same powers as they have, without prejudice to adapting their actions to the provisions of the Law on Public Sector Contracts and to those of this royal decree.

Transitional disposition fourth. Cases initiated prior to the entry into force of this royal decree.

The procurement files initiated prior to the entry into force of this royal decree will be governed by the previous regulations. For this purpose, it is understood that the procurement files have been initiated if the relevant call for the contract award procedure has been published. In the case of negotiated procedures, the date of approval of the specifications shall be taken into account in determining the time of initiation.

Single repeal provision.

As many provisions of equal or lower rank are repealed, they oppose the provisions of this royal decree. In particular, Articles 79, 114 to 117 and Annexes VII, VIII and IX to the General Regulations of the Law on Public Administration Contracts, adopted by Royal Decree 1098/2001 of 12 October 2001, are repealed.

Final disposition first. Basic and non-basic character rules.

The following precepts of this royal decree are basic rules issued under the protection of Article 149.1.18. of the Constitution and in the development of paragraph 2 of the seventh final provision of Law 30/2007 of October 30, and, as a result, they are of general application to all public administrations within the meaning of Article 3 thereof: Article 1 (1), (2), (3), (4) and (5); Article 2 (1) and (2), with the exception of the last subparagraph of paragraph 1; Articles 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 25, 26, 27, 28, 29, 30 and 31; single additional disposition and disposition First.

Final disposition second. Ad models in official publications.

The notices of prior information, tender and award of contracts shall be in accordance with the models set out in Annex II when they are published in the "Official State Gazette" and the models included in the Annex III when they are to be published in the Official Journal of the European Union.

Final disposition third. Annexes I and II to Law 30/2007 of 30 October of Public Sector Contracts.

In accordance with the authorization conferred on the Council of Ministers by the additional provision of Law 30/2007, of 30 October, of Contracts of the Public Sector, Annexes I and II of the said Law of 30 October are amended. conformity with the amendment introduced in Directive 2004 /18/EC by Article 3 of Commission Regulation (EC) No 213/2008, which was adopted on 28 November 2007. As a result, the aforementioned annexes are worded in the form set out in Section 1 of the Appendix to this royal decree.

Final disposition fourth. Annexes I, II.A and II.B of Law 31/2007 of 30 October on procurement procedures in the Water, Energy, Transport and Postal Services Sectors.

The references to CPV codes are made in Annexes I, II.A and II.B of Law 31/2007 of 30 October on procurement procedures in the Water, Energy, Transport and Postal Services sectors. shall be understood to be made in accordance with the new Annexes XII, XVII.A and XVII.B to Directive 2004 /17/EC as amended by Article 2 of Commission Regulation (EC) No 213/2008, adopted on 28 November 2007. As a result, the aforementioned references should be understood as being in accordance with the provisions of Section II of the Appendix to this royal decree.

Final disposition fifth. Amendment of Article 179.1 of the General Regulations of the Law on Public Administration Contracts.

Article 179.1 of the General Regulations of the Law on Public Administration Contracts, approved by Royal Decree 1098/2001 of 12 October, is worded as follows:

" Article 179. Verification, receipt and settlement of works executed by the Administration.

1. Works carried out by the Administration shall be subject to recognition and verification by the doctor designated for the purpose and other than the director. Where the amount of the investment exceeds EUR 50 000, excluding the value added tax, the General Intervention shall be requested to appoint a delegate for any assistance to the material verification of the investment, with a period of notice of 20 days prior to the date specified for that date.

The above will apply to the assumptions of manufacturing of movable property by the Administration and execution of services with the collaboration of private entrepreneurs. "

Final disposition sixth. Amendment of Article 28.4 of Royal Decree 2188/1995 of 28 December 1995.

Article 28.4 of Royal Decree 2188/1995 of 28 December 1995, for which the internal control system exercised by the General Intervention of the State Administration is developed, is amended and replaced by the following: wording:

" 4. The managing bodies shall request from the General Intervention of the State Administration the designation of a delegate for assistance to the material verification of the investment where the amount of the investment is equal to or greater than EUR 50 000, with exclusion from the value added tax, with a period of notice of 20 days before the date of receipt of the investment in question. '

Final disposition seventh. Amendment of Royal Decree 706/1997 of 16 May 1997 implementing the internal control system for the General Intervention of Social Security.

Article 25 (4) of Royal Decree 706/1997 of 16 May 1997, for which the internal control system for the General Intervention of Social Security is developed, is worded as follows:

" 4. The managing bodies shall request from the General Social Security Intervention the designation of a delegate for assistance to the material verification of the investment where the amount of the investment is equal to or greater than EUR 50 000, with one 20 days in advance of the planned date of receipt of the investment in question. '

Final disposition octave. Entry into force.

1. Without prejudice to the provisions of the transitional provisions, this royal decree shall enter into force after one month from the day following that of its publication in the Official Gazette of the State.

2. However, the provisions of this royal decree of the Official Register of Tenderers And Classified Enterprises of the State shall enter into force from the publication of the Ministerial Order which agrees to the implementation of the Computer application developed for this purpose. Until such a date the voluntary records of tenderers created in the various bodies of the General Administration of the State, as well as in the bodies dependent on it under the provisions of the additional provision, shall remain. Fifteenth of the Recast Text of the Law on Public Administrations Contracts, approved by the Royal Legislative Decree 2/2000 of 16 June, as well as the Official Register of Classified Enterprises.

Given in Madrid, 8 May 2009.

JOHN CARLOS R.

Second Vice President of the Government

and Minister of Economy and Finance,

ELENA SALGADO MENDEZ

ANNEX I

Contract data communication for enrollment in the Public Sector Contract Registry

I. Data relating to the award of the contract.

a) Common for all contracts:

Contract type.

Year of the contract.

Contracting Administration.

Contracting Authority.

Contract identifier code.

Place of execution.

Contract object.

CPV code of the contract object.

Batch hiring (indication).

Mixed contract (indication).

Framework Agreement (indication).

Supplementary Contract (indication).

Advertising: Diaries, newsletters or media, and publication dates.

Ordinary, urgent, or emergency fulfillment (indication).

Fulfillment procedure.

Amounts of the contract (tender, award, annuities and unit amounts, if any).

Run time.

Multi-annual character.

Price revision set.

Contractor.

Award date.

Date of formalization.

b) For works contracts:

Formula or price review formulas.

Required Classification.

c) For public concession contracts:

Public contributions to construction.

Term of the concession.

d) For public service management contracts:

Mode of procurement, as set out in Article 253 of the Act.

Duration.

Modes that determine the amount of the contract.

e) For provisioning contracts:

Supply Contract Type.

Unit prices (if any).

The source country for the purchased products.

f) For service contracts:

Price determination mode.

Required Classification.

g) For contracts awarded by negotiated procedure:

Indication of the application assumption that covered the use of the procedure.

Number of invitations submitted.

II. Data relating to modifications, extensions, changes in terms of time or price of the contract.

a) Common for all contracts:

Contract identifier code.

Amount of modification or modifications.

Run time change.

b) For public works concession contracts:

Change the time of the concession.

c) For public service management contracts:

Duration time change.

III. Data relating to the final amount and termination of the contract:

End of contract amount for all concepts, referred to at the time of completion.

Cause of resolution (if any).

Resolution date (if any).

ANNEX II

Tender and award notice models for contracts for publication in the "Official State Gazette"

(The forms for insertion of advertisements in the "Official State Gazette" are available at the State Agency's electronic headquarters: http://www.boe.es)

A. Contract tender notice model

1. Contracting entity: General data and data for obtaining the information:

a) Body.

b) Dependence processing the case.

c) Address.

d) Locality and postal code.

e) Phone.

f) Telefax.

g) Email.

h) The Internet address of the contractor profile.

2. Purpose of the contract and the intended start of the award procedure:

a) Type.

b) Description.

c) Batch division.

d) Place of execution.

e) Estimated value.

f) Expected date to start adjudication process (if known).

g) CPV (Nomenclature Reference).

3. Other information.

4. Date of dispatch of the notice to the Official Journal of the European Union, where appropriate.

B. Announcement model for tender for contracts

1. Contracting entity: General data and data for obtaining the information:

a) Body.

b) Dependence processing the case.

c) Getting documentation and information:

1) Dependence.

2) Home.

3) Locality and postal code.

4) Phone.

5) Telefax.

6) Email.

7) The Internet address of the contractor's profile.

8) Deadline for obtaining documentation and information.

d) Case number.

2. Purpose of the Contract:

a) Type.

b) Description.

c) Batch and Batch Number/Number of Units.

d) Place of execution/delivery:

1) Home.

2) Locality and postal code.

e) Run/Delivery Term.

f) Admit extension.

g) Establishment of a framework agreement (if any).

h) Dynamic acquisition system (if any).

i) CPV (Nomenclature Reference).

3. Processing and procedure:

a) Fulfillment.

b) Procedure.

c) Electronic Auction.

d) Award criteria, if any.

4. Tender base budget:

a) Net amount .......... euro. VAT (%) ....... Total amount ............ euro.

5. Required guarantees. Provisional (amount) ........ euro. Definitive (%) .......

6. Contractor specific requirements:

a) Classification, if any (group, subgroup, and category).

b) Economic and financial solvency and technical and professional solvency, if any.

c) Other specific requirements.

d) Reserved Contracts.

7. Submission of tenders or requests to participate:

a) The presentation deadline.

b) Presentation mode.

c) Place of presentation:

1. Dependency.

2. Address.

3. Location and postal code.

4. Electronic address:

(d) Planned number of companies to be invited to submit tenders (restricted procedure).

e) Variant Admission, if applicable.

(f) Deadline during which the tenderer shall be obliged to maintain its tender.

8. Opening of Offers:

a) Address.

b) Locality and postal code.

c) Date and time.

9. Advertising Expenses.

10. Date of dispatch of the notice to the Official Journal of the European Union (if applicable).

11. Other Information.

C. Contract award notice model

1. Contracting entity:

a) Body.

b) Dependence processing the case.

c) Case number.

d) The Internet address of the contractor's profile.

2. Contract object:

a) Type.

b) Description.

c) Lot (if any).

d) CPV (Nomenclature Reference).

e) Framework Agreement (if applicable).

f) Dynamic acquisition system (if applicable).

g) Means of publishing the contract notice.

h) Publish date of the contract notice.

3. Processing and procedure:

a) Fulfillment.

b) Procedure.

4. Budget for the tendering procedure. Net amount ............ euro. VAT (%) ........... Total amount ........ euro.

5. Award:

a) Date.

b) Contractor.

c) Amount or award fee. Net amount ............. euro. VAT (%) ............ Total amount ........ euro.

ANNEX III

Models of notices of invitation to tender and award of contracts for publication in the Official Journal of the European Communities

(The forms included below can be downloaded at the Internet address: http://simap.europa.eu/buyer/forms-standard_es.html)

1. Notice of prior information applicable in the works, supply and service contracts (Directive 2004 /18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of contracts public works, supply and services).

[Omitted "Standard Form 1-ES" (7 pages) ]

2. Notice of invitation to tender applicable in the works, supply and service contracts (Directive 2004 /18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of contracts public works, supply and services).

[Omitted "Standard Form 2-ES" (12 pp.) ]

3. Notice of award applicable in the works, supply and service contracts (Directive 2004 /18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of contracts) public works, supply and services).

[Omitted "Standard Form 3-ES" (8 pages) ]

4. Notice of a buyer's profile (Directive 2004 /18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts).

[Omitted "Standard Form 8-ES" (2 pages) ]

5. Notice of a simplified invitation to tender in the framework of a dynamic purchasing system (Directive 2004 /18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public contracts works, supply and services).

[Omitted "Standard 9-EN Form" (3 pages) ]

6. Notice of the granting of public works (Directive 2004 /18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts).

[Omitted "10-EN Standard Form" (6 pages) ]

7. Notice of award-award of a contract by a concessionaire which is not a contracting authority (Directive 2004 /18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of contracts) public works, supply and service contracts).

[Omitted "11-EN Standard Form" (5 pages) ]

8. Notice of competition for projects (Directive 2004 /18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts).

[Omitted "12-EN Standard Form" (7 pages) ]

9. Notice of results of the design contest (Directive 2004 /18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public works contracts) services).

[Omitted "13-EN Standard Form" (5 pages) ]

10. Notice concerning additional information, information on incomplete or amending procedures (Directive 2004 /18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of the public works, supply and service contracts).

[Omitted "14-EN Standard Form" (5 pages) ]

APPENDIX

FIRST SECTION

Amendment of Annexes I and II to Law 30/2007 of 30 October of Public Sector Contracts

ANNEX I

Activities referred to in Article 6 (1) of Law 30/2007 of 30 October of Public Sector Contracts

1
Section F			Construction		CPV
Division	Group	Class	Description	Notes
	45			Build.	This division comprises: New builds, restoration works, and current repairs.
		45.1		Preparation of works.
						The_table_table_izq"> Demolition of RE and Land Movements.	This class comprises: The demolition and demolition of buildings and other structures. The clearing of debris. Land movement work: Excavation, refilling and levelling of sites of works, digging of ditches, clearing of rocks, blasting, etc. The preparation of mining operations: Underground works, mountain clearing and other mine preparation activities. This class understands also: The drainage of site sites. The drainage of agricultural and forestry land.	45110000
		45.12	Drillings and probes.	This class comprises: The perforations, surveys and sampling for construction, geophysical, geological or other purposes. This class does not include: Drilling of oil and natural gas production wells (see 11.20). The drilling of hydraulic wells (see 45.25). The excavation of mine wells (see 45.25). The exploration of oil and natural gas fields and geophysical, geological or seismic surveys (see 74.20).	45120000

45200000

1
Section F			Construction		CPV
Division	Group	Class	Description	Notes
45.2				45200000
45200000
		45.21	General building of buildings and singular civil engineering works (bridges, tunnels, etc.).	This class comprises: Building all type of buildings. Construction of civil engineering works: Bridges (including high roads), viaducts, tunnels and subways. Power, communication, and long-distance driving networks. Urban installations of pipes, power grids, and communications. Urban works annexed to the in situ assembly of prefabricated constructs. This class does not Includes: Services related to the extraction of gas and oil (see 11.20). The assembly of complete prefabricated constructions from own production parts other than concrete (see Divisions 20, 26 and 28). The construction of stadium equipment, swimming pools, gymnasiums, tennis courts, golf courses and other sports facilities, excluding their buildings (see 45.23). buildings and works (see 45.3). Architecture and engineering activities (see 74.20). The construction site address (see 74.20).	45210000 (Except: 45213316 45220000 45231000 45232000
		45.22	Construction of covers and enclosure structures.	This class understands: Building roofs. The roof deck. The waterproofing of buildings and balconies.	45261000
		45.23	Construction of motorways, roads, landing fields, railroad tracks and sports centers.	This class comprises: The construction of highways, streets, roads, and other vehicle and pedestrian paths. Construction of railroad tracks. Construction of tracks landing.	45212212 and DA03 45230000 Except: 45231000 45232000 45234115

1
Section F			Construction		CPV
Division	Group	Class	Description	Notes
						The construction of stadium equipment, swimming pools, gyms, tennis courts, golf courses, and other sports facilities, excluding their buildings. The paint of tokens on roads and car parks. This class does not Comprises: Previous land movement (see 45.11).
		45.24	Hydraulic Works.	This class comprises: Construction of: Waterways, port and river facilities, 45240000			45240000
	45240000
	45240000
			45.25	Other specialized constructs.	This class comprises: The activities of construction which specialise in a common aspect to different types of structure and which require specific skills or materials: Construction works, including the building and drilling pile of Hydraulic wells, digging of mine wells. Assembly of steel parts that are not of their own production. Curvate of steel. Assembly and dismantling of scaffolding and work platforms, including their rental. This class does not include: The rent of scaffolding without mounting or dismantling (see 71.32).	45250000 45262000

installation in buildings and other construction works of:

Cables and electrical equipment.

Telecommunication systems.

Electrical heating installations.

Housing antennas.

Fire alarms.

Systems Theft protection alarm.

Lifts and escalators.

Pararrays, etc.

1
Section F			Construction		CPV
Division	Group	Class	Description	Notes
			Table_table_izq"> Installation of buildings and works.		45300000
		45.31	class comprises:		45213316 45310000 Except: 45316000
		45.32	Thermal insulation, acoustic and anti-vibratory.	This class comprises. The installation in buildings and other construction works of thermal, acoustic or anti-vibratory insulation. This class does not include: Building and balcony waterproofing (see 45.22).	45320000
			45.33	Plumbing.	This class comprises: The installation in buildings and other works of construction of: Plumbing and sanitary. Gas appliances. Appliances and pipes for heating, ventilation, cooling or air conditioning. The installation of automatic fire extinguishers fires. This class does not include: Installation and repair of electrical heating installations (see 45.31).	45330000

1
Section F			Construction		CPV
Division	Group	Class	Description	Notes
		class comprises: The installation of road, port, and lighting systems and lighting systems.	This class includes: airports. The installation in buildings and other construction works of appliances and devices not elsewhere classified.	45234115 45316000 45340000
	45.4		Finishing of buildings and works.		45400000
		45.41	Revocation.	Izq_table_body"> This class comprises: The application in buildings and other construction works of plaster and inner and outer stucco, including the corresponding listing materials	45410000
		45.42	carpentry installations.	This class comprises: The installation of doors, windows and frames, equipped kitchens, staircases, work furniture and similar wood or other materials, other than their own production. Finishes interiors, such as ceilings, wood coverings for walls, mobile partitions, etc. This class does not include: Park and other wood floor coverings (see 45.43).	45420000
		45.43	Floor and wall cladding.	This class comprises: Placement in buildings and other construction works of: Ceramic coatings, concrete or carved stone for soils. Park and other floor coverings. Moquette and linoleum coatings for walls and floors, including rubber or plastic materials. Terrazzo, marble, granite or slate coatings for walls and floors. Painted Papeles.	45430000

1
Section F			Construction		CPV
Division	Group	Class	Description	Notes
	45.44	Painting and glazing.	This class comprises: The interior and exterior paint of buildings. Painting of civil engineering works. installation of crystals, mirrors, etc. This class does not include: Installation of windows (see 45.42).	45440000
		45.45	Other building and work finishes.	This class comprises: The installation of particular swimming pools. The steam cleaning, with sand or the like, from outside the buildings. Other construction finishing works not mentioned in another part. This class does not include: Interior cleaning of buildings and works (see 74.70).	45212212 and DA04 45450000
	45.5		Rental of construction or demolition equipment with operator.		45500000
	Centro_table_body " > 45.50	Rental of construction or demolition equipment with operator	This class does not include: The rental of equipment and construction or demolition machinery devoid of operator (see 71.32).	45500000

ANNEX II

Services referred to in Article 10 of 30/2007 of 30 October of Public Sector Contracts

Categories

Description	CPC reference number (1)	CPV Reference
1	Maintenance and repair services.	6112, 6122, 633, 886	From 50100000-6 to 50884000-5 (except for 50310000-1 to 50324200-4 and 50116510-9, 50190000-3, 50229000-6, 50243000-0) and from 51000000-9 to 51900000-1.
2	Transport services by way terrestrial (2), including the services of armoured vans and courier services, except for the transport of mail.	712 (except 71235), 7512, 87304
3	Air transport services: Passenger and freight transport, except for mail transport.	73 (except 7321)	From 60410000-5 to 60424120-3 (except 60411000-2, 60421000-5), and 60500000-3. From 60440000-4 to 60445000-9.
4	Transport mail by land (2) and by air.	71235, 7321	60160000-7, 60161000-4 60411000-2, 60421000-5.
5	Telecom Services.	752	From 64200000-8 to 64228200-2 72318000-7, and 72700000-7 to 72720000-3.
6	a) Insurance services. b) Banking and investment services (3).	ex 81, 812, 814 7	From 66100000-1 to 66720000-3 (3).
7	Computer Services and Related Services.	84	50310000-1 to 50324200-4, from 72000000-5 to 72920000-5 (except 72318000-7 and from 72700000-7 to 72720000-3), 79342410-4.
8	Services research and development (4).	85	From 73000000-2 to 73436000-7 (except 73200000-4, 73210000-7, 73220000-0.
9	Accounting, auditing, and books.	862	From 79210000-9 to 79223000-3.
10	Research Services and Public Opinion Surveys.	864	From 79300000-7 to 79330000-6, and 79342310-9, 79342311-6.
11	Address Consultant Services (5) and Related Services.	865, 866	From 73200000-4 to 73220000-0 from 79400000-8 to 79421200-3 and 79342000-3, 79342100-4, 79342300-6, 79342320-2, 79342321-9, 79910000-6, 79991000-7, 98362000-8.
12	Architecture services; services engineering and integrated engineering services; urban planning services and landscape architecture services. Related services of consultants in science and technology. Technical testing and analysis services.	867	From 71000000-8 to 71900000-7 (except 71550000-8) and 79994000-8.
13	Advertising services.	871	From 79341000-6 to 79342200-5 (except 79342000-3 and 79342100-4.
14	Building cleaning services and real estate administration services.	874, 82201 to 82206	From 70300000-4 to 70340000-6, and from 90900000-6 to 90924000-0.
15	Publishing and printing services, for fee or contract.	88442	From 79800000-2 to 79824000-6. From 79970000-6 to 79980000-7.
16	Sewerage and waste disposal services: Sanitation services and similar services.	94	From 90400000-1 to 90743200-9 (except 90712200-3.
	17	Hospitality and restaurant services.	64	From 55100000-1 to 55524000-9, and from 98340000-8 to 98341100-6.
18	Rail Transport Services.	711	From 60200000-0 to 60220000-6.
19	Transport Services river and sea.	72	From 60600000-4 to 60653000-0, and from 63727000-1 to 63727200-3.
20	Complementary and auxiliary transport services.	74	From 63000000-9 to 63734000-3 (except 63711200-8, 63712700-0, 63712710-3, and from 63727000-1 to 63727200-3), and 98361000-1.
21	Legal Services.	861	From 79100000-5 to 79140000-7.
22	Services placement and provisioning of personnel (6).	872	From 79600000-0 to 79635000-4 (except 79611000-0, 79632000-3, 79633000-0), and from 98500000-8 to 98514000-9.
23	Research and security services, except armored van services.	873 (except 87304)	From 79700000-1 to 79723000-8.
24	Professional education and training services.	92
		Social and health services.	93	79611000-0, and 85000000-9 a 85323000-9 (except 5321000-5 and 85322000-2).
26	Recreation, cultural, and sports services (7).	96	From 79995000-5 to 79995200-7, and from 92000000-1 to 92700000-8 (except 92230000-2, 92231000-9, 92232000-6.
27	Other services.

(1) In case of different interpretations between CPV and CPC, the CPC nomenclature will be applied.

(1) CPC Nomenclature (provisional version) used to define the scope of Directive 92 /50/EEC.

(2) Except for rail transport services included in category 18.

(3) Except for financial services relating to the issue, purchase, sale and transfer of securities or other financial instruments, and services provided by central banks. Also excluded are services consisting of the acquisition or leasing, regardless of the system of financing, land, buildings already in existence or other immovable property, or relating to rights on these assets; However, the financial services provided either at the same time or before or after the purchase or lease contract in any of their forms shall be governed by the provisions of this Directive.

(4) Except for research and development services other than those whose results correspond to the contracting authority and/or to the contracting entity for its exclusive use, provided that the contracting authority is fully remunerated of the service.

(5) Except for arbitration and reconciliation services.

(6) Except for job contracts.

(7) Except for contracts for the purchase, development, production or co-production of programming material by broadcasters and contracts relating to broadcasting time.

SECOND SECTION

Adaptation to Commission Regulation (EC) No 213/2008 of 28 November 2007 of Annexes I, II.A and II.B of Law 30/2007 of 30 October on procurement procedures in the Water, Energy and Energy sectors Transport and Postal Services

ANNEX I

List of Activities referred to in Article 2 (1) (b) of Law 31/2007 of 30 October on procurement procedures in the Water, Energy, Transport and Postal Services sectors

1
Section F			Construction		CPV
Division	Group	Class	Description	Notes
			Build.	This division comprises: New builds, restoration works, and current repairs.
		45.1		Preparation of works.
						class comprises:	The_table_to_izq"> The demolition and demolition of buildings and other structures. The cleanup of debris. Land movement jobs: excavation, refilling, and leveling of sites of works, digging of ditches, clearing of rocks, blasting, etc. The preparation of mining operations: Underground works, mountain clearing and other activities mine preparation. This class understands also: The drainage of site sites. The drainage of agricultural and forestry land.	45110000
		45.12	Drillings and probes.	This class comprises: The perforations, surveys and sampling for construction, geophysical, geological or other purposes. This class does not include: Drilling of oil and natural gas production wells (see 11.20). The drilling of hydraulic wells (see 45.25). The excavation of mine wells (see 45.25). The exploration of oil and natural gas fields and geophysical, geological or seismic surveys (see 74.20).	45120000

1
Section F			Construction		CPV
Division	Group	Class	Description	Notes
45.2		General building of buildings and civil engineering works.		45200000
		45.21	General building of buildings and singular civil engineering works (bridges, tunnels, etc.).	This class comprises: Building all type of buildings. Construction of civil engineering works: Bridges (including high roads), viaducts, tunnels and underground steps Power, communication, and long-distance driving networks. Urban installations of pipes, power networks, and communications. Urban works annexed to the in situ assembly of prefabricated constructs. This class does not Includes: Services related to the extraction of gas and oil (see 11.20). The assembly of complete prefabricated constructions from own production parts other than concrete (see Divisions 20, 26 and 28). The construction of stadium equipment, swimming pools, gymnasiums, tennis courts, golf courses and other sports facilities, excluding their buildings (see 45.23). buildings and works (see 45.3) Architecture and engineering activities (see 74.20). The construction site address (see 74.20).	45210000 (Except: 45213316 45220000 45231000 45232000)
		45.22	Building covers and enclosure structures.	This class understands: Building roofs. The roof deck. The waterproofing of buildings and balconies.	45261000
		45.23	Construction of motorways, roads, landing fields, paths class understands:	The_table_table_izq"> The construction of highways, streets, roads, and other vehicle and pedestrian paths. Construction of railroad tracks. Construction of tracks landing.	45212212 and DA03 45230000 Except: 45231000 45232000 45234115

1
Section F			Construction		CPV
Division	Group	Class	Description	Notes
						The construction of stadium equipment, swimming pools, gyms, tennis courts, golf courses, and other sports facilities, excluding their buildings. The paint of tokens on roads and car parks. This class does not Comprises: Previous land movement (see 45.11).
		45.24	Hydraulic Works.	This class comprises: Construction of: Waterways, port and river facilities, sports ports, locks, etc. Dams and dams. Drags. Underground works.	45240000
		45.25	Other constructs specialized.	This class comprises: Build activities that specialize in a common appearance to different types of structure and that require specific skills or materials: Building works, including the hinca of piles, construction and drilling of hydraulic wells, excavation of mine wells. Assembly of steel parts other than own production. Curvate of steel. Assembly and Dismantling Scaffolding and Platforms work, including your rental. Assembly of fireplaces and industrial ovens. This class does not include: The rent of scaffolding without assembly or dismantling (see 71.32).	45250000 45262000

installation in buildings and other construction works of:

Cables and electrical equipment.

Telecommunication systems.

Electrical heating installations.

Housing antennas.

Fire alarms.

Systems Theft protection alarm.

Lifts and escalators.

Pararrays, etc.

1
Section F			Construction		CPV
Division	Group	Class	Description	Notes
			Table_table_izq"> Installation of buildings and works.		45300000
		45.31	class comprises:		45213316 45310000 Except: 45316000
		45.32	Thermal, acoustic, and antivibratory.	This class comprises: The installation in buildings and other construction works of thermal, acoustic or anti-vibratory insulation. This class does not include: Building and balcony waterproofing (see 45.22).	45320000
			45.33	Plumbing.	This class comprises: The installation in buildings and other works of construction of: Plumbing and sanitary. Gas appliances. Appliances and pipes for heating, ventilation, cooling or air conditioning. The installation of automatic fire extinguishers. This class does not include: Installation and repair of electrical heating installations (see 45.31).	45330000

1
Section F			Construction		CPV
Division	Group	Class	Description	Notes
		class comprises: The installation of road, port, and lighting systems and lighting systems.	This class includes: airports. The installation in buildings and other construction works of appliances and devices not elsewhere classified.	45234115 45316000 45340000
	45.4		Finishing of buildings and works.		45400000
		45.41	Revocation.	Izq_table_body"> This class comprises: The application in buildings and other construction works of plaster and inner and outer stucco, including the corresponding listing materials.	45410000
		45.42	carpentry installations.	This class comprises: This class does not include: Park and other wood floor coverings (see 45.43).	45420000
		45.43	Floor and wall cladding.	The placement in buildings and other construction works of: Ceramic, concrete, or carved stone coatings for soils. Park and other wood for soils. Moquette and linoleum coatings for walls and floors, including rubber or plastic materials. Terrazzo, marble, granite, or slate coatings for walls and floors. Painted papers.	45430000

1
Section F			Construction		CPV
Division	Group	Class	Description	Notes
	45.44		class comprises: The interior and exterior painting of buildings.	The painting of civil engineering works. The installation of crystals, mirrors, etc. This class does not include: Installation of windows (see 45.42).	45440000
		45.45	Other building and work finishes.	This class comprises: The installation of particular pools. The steam cleanup, with sandblasting or the like, from outside the buildings. Other building finishing works not cited elsewhere. This class does not understands: Interior cleaning of buildings and works (see 74.70).	45212212 and DA04 45450000
	45.5		Rental of construction or demolition equipment with operator.
				45.50
Class_table_izq"> Rental of construction or demolition equipment with operator.	This class does not comprises: The rental of construction equipment and equipment or demolition without operator (see 71.32).	45500000

ANNEX II.A

Services referred to in Article 15.1 of Law 31/2007 of 30 October on procurement procedures in the Water, Energy, Transport and Postal Services sectors

Categories

Description	CPC reference number 2	CPV Reference
1	Maintenance and repair services.	6112, 6122, 633, 886	From 50100000-6 to 50884000-5 (except for 50310000-1 to 50324200-4 and 50116510-9, 50190000-3, 50229000-6, 50243000-0) and from 51000000-9 to 51900000-1.
2	Transport services by way terrestrial 3, including the services of armoured vans and courier services, except for the transport of mail.	712 (except 71235), 7512, 87304	From 60100000-9 to 60183000-4 (except 60160000-7, 60161000-4, 60220000-6), and 64120000-3 to 64121200-2.
3	Air transport services: transport passengers and cargo, except mail transport.	73 (except 7321)	From 60410000-5 to 60424120-3 (except 60411000-2, 60421000-5), and 60500000-3. From 60440000-4 to 60445000-9.
4	Transport of mail by land (2) and by air.	71235, 7321	60160000-7, 60161000-4 60411000-2, 60421000-5.
5	Telecom services.	752	From 64200000-8 to 64228200-2 72318000-7, and from 72700000-7 to 72720000-3.
6	Financial services: a) Insurance services. b) Banking and Investment Services 4.	ex 81, 812, 814 7	From 66100000-1 to 66720000-3 (3)
7	Computer and Services Services	84	From 50310000-1 to 50324200-4 from 72000000-5 to 72920000-5 (except 72318000-7 and from 72700000-7 to 72720000-3), 79342410-4.
8	Research and Development Services 5.	85	73000000-2 to 73436000-7 (except 73200000-4, 73210000-7, 73220000-0.
9	Accounting, auditing, and book-keeping services.	862	79210000-9 to 79223000-3.
10	Public opinion survey and survey services.	864	From 79300000-7 to 79330000-6, and 79342310-9, 79342311-6.
11	Services of address consultants 6 and related services.	865, 866	From 73200000-4 to 73220000-0 from 79400000-8 to 79421200-3 and 79342000-3, 79342100-4 79342300-6, 79342320-2 79342321-9, 79910000-6, 79991000-7 98362000-8.
12	Architecture Services; services engineering and integrated engineering services; urban planning services and landscape architecture services. Related services of consultants in science and technology. Test and Technical Analysis Services.	867	From 71000000-8 to 71900000-7 (except 71550000-8) and 79994000-8.
13	Advertising Services.	871	From 79341000-6 to 79342200-5 (except 79342000-3 and 79342100-4
14	Building cleanup services and real estate administration services.	874, 82201 to 82206
	15	Publishing and printing services, for rate or per contract.	88442	From 79800000-2 to 79824000-6 From 79970000-6 to 79980000-7
16	Sewerage and removal services wastes: sanitation services and similar services.	94	From 90400000-1 to 90743200-9 (except 90712200-3. 90910000-9 to 90920000-2 and 50190000-3, 50229000-6 50243000-0

(1) In case of different interpretations between CPV and CPC, the CPC nomenclature will be applied.

(1) CPC Nomenclature (provisional version) used to define the scope of Directive 92 /50/EEC.

(2) Except for rail transport services included in category 18.

(3) Except for financial services relating to the issue, purchase, sale and transfer of securities or other financial instruments, and services provided by central banks. Also excluded are services consisting of the acquisition or leasing, regardless of the system of financing, land, buildings already in existence or other immovable property, or relating to rights on these assets; However, the financial services provided either at the same time or before or after the purchase or lease contract in any of their forms shall be governed by the provisions of this Directive.

(4) Except for research and development services other than those whose results correspond to the contracting authority and/or to the contracting entity for its exclusive use, provided that the contracting authority is fully remunerated of the service.

(5) Except for arbitration and reconciliation services.

ANNEX II.B (1)

Services referred to in Article 15.2 of Law 31/2007 of 30 October on procurement procedures in the Water, Energy, Transport and Postal Services sectors

Categories

Description	CPC reference number (2)	CPV Reference
17	Restaurant and restaurant services.	64	From 55100000-1 to 55524000-9, and from 98340000-8 to 98341100-6.
18	Rail transport services.	711
	19	River and Maritime Transport Services.	72	From 60600000-4 to 60653000-0, and from 63727000-1 to 63727200-3.
20	Supplementary and auxiliary transport services.	74	From 63000000-9 to 63734000-3 (except 63711200-8, 63712700-0, 63712710-3, and from 63727000-1 to 63727200-3), and 98361000-1.
21	Legal Services.	861	From 79100000-5 to 79140000-7.
22	Staff placement and provisioning services (3).	872	From 79600000-0 to 79635000-4 (except 79611000-0, 79632000-3, 79633000-0), and from 98500000-8 to 98514000-9.
23	Research and security services, except the Armored van services.	873 (except 87304)	From 79700000-1 to 79723000-8.
24	Professional Education and Training Services.	92	From 80100000-5 to 80660000-8 (except 80533000-9, 80533100-0, 80533200-1.
25	93	93	79611000-0, and 85000000-9 to 85323000-9 (except 5321000-5 and 85322000-2.
26	Entertainment, cultural, and sports services (4).	96
27	Other Services.

(1) In case of different interpretations between CPV and CPC, the CPC nomenclature will be applied.

(2) Nomenclature CPC (provisional version) used to define the scope of Directive 92 /50/EEC.

(3) Except for job contracts.

(4) Except for contracts for the purchase, development, production or co-production of programming material by broadcasters and contracts relating to broadcasting time.

I Council Regulation (EEC) No 3037/90 of 9 October 1990 on the statistical classification of economic activities in the European Community (OJ L 293, 24.10.1990, p. 1). Regulation as last amended by Commission Regulation (EEC) No 761/93 (OJ L 83, 3.4.1993, p. 1).

In case of different interpretations between CPV and NACE, the NACE nomenclature will be applied.

1 Council Regulation (EEC) No 3037/90 of 9 October 1990 on the statistical classification of economic activities in the European Community (OJ L 293, 24.10.1990, p. 1). Regulation as last amended by Commission Regulation (EEC) No 761/93 (OJ L 83, 3.4.1993, p. 1).

In case of different interpretations between CPV and NACE, the NACE nomenclature will be applied.

2 In case of different interpretations between CPV and CPC, the CPC nomenclature will be applied. CPC nomenclature (provisional version) used to define the scope of Directive 92 /50/EEC.

3 Except for rail transport services included in category 18.

4 Except for financial services relating to the issue, purchase, sale and transfer of securities or other financial instruments, and services provided by central banks. Also excluded are services consisting of the acquisition or leasing, regardless of the system of financing, land, buildings already in existence or other immovable property, or relating to rights on these assets; However, the financial services provided either at the same time or before or after the purchase or lease contract in any of its forms shall be governed by the provisions of this Directive.

5 Except for research and development services other than those whose results correspond to the contracting authority and/or to the contracting entity for its exclusive use, provided that the contracting authority is fully remunerated of the service.

6 Except for arbitration and reconciliation services.