The final thirty-second provision of Law 2/2011, of 4 March, of Sustainable Economy, authorizes the Government to produce, within one year of the entry into force of this Law, a recast text in which the provisions of Law 30/2007 of 30 October, of Contracts of the Public Sector, and the provisions on public sector procurement contained in laws with a range of law, including those relating to the collection of private financing for the execution of public contracts, are duly regulated, clarified and harmonised. This rating has its reason to be in legal certainty, as evidenced by the Council of State in its opinion of 29 April 2010, in recommending the introduction, in the text of the preliminary draft amendment of Law 30/2007, of 30 October, subject to an opinion, of a final provision that will enable the government to carry out a recast text, with the scope to be considered as appropriate. Indeed, the succession of laws which have, for a variety of reasons, amended Law 30/2007 together with the existence of other rules on private financing for the execution of public contracts included in other pieces of legislation, but in no doubt related to the provisions governing the contracts to which they relate, advise the drafting of a single text in which all the provisions applicable to the procurement of the public sector are duly clarified and harmonised.

According to the aforementioned rating, the recast text has been prepared, following the criteria set out below.

First of all, all the amendments made to Law 30/2007 of 30 October, through various amending laws, which have given new wording to certain precepts or have introduced new provisions, have been incorporated into a single text. These laws are as follows: Royal Decree-Law 6/2010 of 9 April 2010 of measures for the promotion of economic recovery and employment; Royal Decree-Law 8/2010 of 20 May, adopting extraordinary measures for the reduction of the public deficit; Law 14/2010 of 5 July, of infrastructure and services of geographical information in Spain; Law 15/2010 of 5 July, amending Law 3/2004 of 29 December, establishing measures to combat late payment in commercial transactions; Law 34/2010 of 5 August, amending the laws of the European Union 30/2007, of 30 October, of Public Sector Contracts, 31/2007, of 30 October, on procurement procedures in the water, energy, transport and postal services sectors, and 29/1998, of July 13, regulatory of the Jurisdiction-Administrative Jurisdiction for adaptation to the Community regulations of the first two; Law 35/2010, of 17 September, of urgent measures for the reform of the labour market; Law 2/2011, of 4 March, of 4 March, of Sustainable Economy; the Royal Decree-Law 5/2011, of 29 April, of measures for the regularization and control of the Under Law 24/2011, of 1 August, of Public Sector Contracts in the fields of Defense and Security, and Law 26/2011 of August 1, of adaptation to the International Convention on the Rights of Persons with Disabilities.

Second, following the mandate of the legislator, the provisions in force concerning the collection of private financing for the execution of public contracts have been incorporated into the text. On the one hand, in terms of the concession contract of public works, the provisions on financing contained in the still existing Chapter IV of Title V of Book II have been integrated, understanding of Articles 253 to 260, both inclusive, of the Recast Text of the Law of Contracts of Public Administrations, approved by Royal Legislative Decree 2/2000, of June 16, which by this provision is repealed in its entirety. On the other hand, the contract of public-private collaboration includes in the text the forecasts contained in Law 2/2011, of March 4, including those relating to public-private collaboration under institutional formulas.

As a result, the numbering of the articles has been adjusted and, therefore, the referrals and concordance between them, a circumstance that has been used, under the legislative delegation, to adjust some errors suffered in the original text. Likewise, the final part of the Act has been revised, eliminating provisions and including other reasons for the time since the passage of Law 30/2007 and its amendments.

Under the proposal of the Vice-President of the Government of Economic Affairs and Minister for Economic Affairs and Finance, in agreement with the Council of State and after deliberation by the Council of Ministers at its meeting on 11 November 2011,

DISPONGO:

Single item. Approval of the Recast Text of the Public Sector Contracts Law.

The Recast Text of the Public Sector Contracts Law is approved, the text of which is inserted below.

Single additional disposition. Regulatory referrals

The normative references made in other provisions of Law 30/2007, of October 30, of Contracts of the Public Sector and to the Royal Decree Legislative 2/2000, of 16 June, for which the Recast Text of the Law of Contracts of Public Administrations is approved, will be understood to be carried out to the corresponding precepts of the Recast Text that is approved.

Single repeal provision. Regulatory repeal.

All provisions of the same or lower rank that are opposed to this Law shall be repealed, and in particular the following:

1. Law 30/2007, of October 30, of Public Sector Contracts.

2. Chapter IV of Title V of Book II, comprehensive of Articles 253 to 260, inclusive, of the Recast Text of the Law of Contracts of Public Administrations, approved by Royal Legislative Decree 2/2000, of June 16.

3. The additional provision seventh of Law 13/2003, of 23 May, Regulatory of the Contract of Concession of Public Works.

4. Article 16 of Royal Decree-Law No 8/2010 of 20 May 2010 adopting extraordinary measures for the reduction of the public deficit.

5. Articles 37 and 38 of Law 2/2011 of 4 March on Sustainable Economy.

Single end disposition. Entry into force.

This Royal Legislative Decree and the Recast Text that it approves will enter into force in the month of its publication in the "Official State Gazette".

Given in Madrid, on November 14, 2011.

JOHN CARLOS R.

The Vice President of the Government of Economic Affairs and Minister of Economy and Finance,

ELENA SALGADO MENDEZ

RECAST TEXT OF THE PUBLIC SECTOR CONTRACTS ACT

INDEX

Preliminary title. General provisions.

Chapter I. Purpose and scope of the Law.

Article 1. Purpose and purpose.

Article 2. Scope of application.

Article 3. Subjective scope.

Article 4. Excluded businesses and contracts.

Chapter II. Public sector contracts.

Section 1. Delimitation Of Contractual Rates.

Article 5. Qualification of contracts.

Article 6. Contract of works.

Article 7. Contract for the award of public works.

Article 8. Contract for the management of public services.

Article 9. Contract of supply.

Article 10. Contract of services.

Article 11. Contract of collaboration between the public sector and the private sector.

Article 12. Mixed contracts.

Section 2. Contracts subject to harmonised regulation.

Article 13. General delimitation.

Article 14. Works contracts and the award of public works subject to harmonised regulation: threshold.

Article 15. Supply contracts subject to harmonised regulation: threshold.

Article 16. Service contracts subject to harmonised regulation: threshold.

Article 17. Subsidised contracts subject to harmonised regulation.

Section 3. Administrative Contracts and Private Contracts.

Article 18. Arrangements applicable to public sector contracts.

Article 19. Administrative contracts.

Article 20. Private contracts.

Article 21. Competent jurisdiction.

Book I. General configuration of public sector procurement and structural elements of contracts.

Title I. General provisions on the procurement of the public sector.

Chapter I. Rationality and consistency of public sector procurement.

Article 22. Need and suitability of the contract and efficiency in the procurement.

Article 23. Period of duration of the contracts.

Article 24. Execution of works and manufacture of movable property by the Administration, and execution of services with the collaboration of private entrepreneurs.

Chapter II. Freedom of covenants and minimum content of the contract.

Article 25. Freedom of pacts.

Article 26. Minimum content of the contract.

Chapter III. Perfection and form of contract.

Article 27. Perfection of the contracts.

Article 28. Formal nature of public sector procurement.

Chapter IV. Referral of information for statistical and audit purposes.

Article 29. Referral of contracts to the Court of Auditors.

Article 30. Statistical data.

Chapter V. Invalidity scheme.

Section 1. General Regime.

Article 31. Invalidity cases.

Article 32. Causes of invalidity of administrative law.

Article 33. Causes of nullability of administrative law.

Article 34. Ex officio review.

Article 35. Effects of the declaration of invalidity.

Article 36. Causes of invalidity of civil law.

Section 2. Special Subpositions for Nullity.

Article 37. Special cases of contractual invalidity.

Article 38. Legal consequences of the declaration of nullity in the assumptions of the previous article.

Article 39. Interposition of the question of nullity.

Chapter VI. Special arrangements for the review of decisions on recruitment and alternative means of conflict resolution.

Article 40. Special action in the field of procurement: Action to be taken.

Article 41. Body responsible for the resolution of the appeal.

Article 42. Legitimisation.

Article 43. Application for interim measures.

Article 44. Initiation of the procedure and period of interposition.

Article 45. Effects arising from the interposition of the resource.

Article 46. Processing of the procedure.

Article 47. Resolution.

Article 48. Determination of the compensation.

Article 49. Effects of the resolution.

Article 50. Arbitration.

Title II. Parties to the contract.

Chapter I. Contracting authority.

Article 51. Competition to hire.

Article 52. Responsible for the contract.

Article 53. Contractor profile.

Chapter II. Capacity and solvency of the employer.

Section 1. Attitude to contract with the public sector.

Subsection 1. General Rules.

Article 54. Fitness conditions.

Article 55. Non-Community enterprises.

Article 56. Special conditions of compatibility.

Subsection 2. Special Rules on Capacity.

Article 57. Legal persons.

Article 58. Community enterprises.

Article 59. Employers ' unions.

Subsection 3. Number Bans to hire.

Article 60. Bans on hiring.

Article 61. Declaration of the concurrency of prohibitions of hiring and effects.

Subsection 4. Th Solvency.

Article 62. Solvency requirement.

Article 63. Integration of solvency with external means.

Article 64. Completion of the solvency conditions.

Subsection 5. th Classification of companies.

Article 65. Requirement for classification.

Article 66. Exemption from the requirement of classification.

Article 67. Applicable criteria and conditions for classification.

Article 68. Competition for classification.

Article 69. Registration registration of the classification.

Article 70. Term of validity and revision of the classifications.

Article 71. Checking the elements of the classification.

Section 2. Accrediting of the aptitude to hire.

Subsection 1.

Article 72. Accreditation of the capacity to act.

Subsection 2. ª Bans on hiring.

Article 73. Proof of non-concurrence of a ban on hiring.

Subsection 3. Solvency.

Article 74. Means of crediting solvency.

Article 75. Economic and financial solvency.

Article 76. Technical solvency in the works contracts.

Article 77. Technical solvency in supply contracts.

Article 78. Technical or professional solvency in service contracts.

Article 79. Technical or professional solvency in the remaining contracts.

Article 80. Accreditation of compliance with quality assurance standards.

Article 81. Accreditation of compliance with environmental management standards.

Article 82. Documentation and supplementary information.

Subsection 4. Test of classification and fitness to contract through Records or official lists of contractors.

Article 83. Certification of Official Records of Tenderers And Classified Enterprises.

Article 84. Community certificates of classification.

Chapter III. Succession in the contractor's person.

Article 85. Contractor succession assumptions.

Title III. Purpose, price and value of the contract.

Chapter I. General rules.

Article 86. Subject of the contract.

Article 87. Price.

Article 88. Calculation of the estimated value of the contracts.

Chapter II. Price revision in the contracts of the Public Administrations.

Article 89. Provenance and limits.

Article 90. Price revision system.

Article 91. Formulas.

Article 92. Coefficient of revision.

Article 93. Review in cases of delay in implementation.

Article 94. Payment of the amount of the review.

Title IV. Guarantees required in the procurement of the public sector.

Chapter I. Guarantees to be provided in contracts concluded with the general government.

Section 1. Final Guarantee.

Article 95. Guarantee requirement.

Article 96. Guaranteed guarantees.

Article 97. Arrangements for guarantees provided by third parties.

Article 98. Overall guarantee.

Article 99. Constitution, replacement and rearrangement of guarantees.

Article 100. Responsibilities to which the guarantees are affected.

Article 101. Preference in the execution of guarantees.

Article 102. Refund and cancellation of guarantees.

Section 2. Interim Guarantee.

Article 103. Demand and regime.

Chapter II. Guarantees to be provided in other public sector contracts.

Article 104. Assumptions and regime.

Title V. Amendment of contracts.

Article 105. Assumptions.

Article 106. Modifications provided for in the documentation governing the invitation to tender.

Article 107. Amendments not provided for in the documentation governing the invitation to tender.

Article 108. Procedure.

Book II. Preparation of contracts.

Title I. Preparation of contracts by the Public Administrations.

Chapter I. General rules.

Section 1. Contracting Expedient.

Subsection 1. Th Ordinary Processing.

Article 109. Procurement file: initiation and content.

Article 110. Approval of the dossier.

Article 111. Procurement file for minor contracts.

Subsection 2. Abbreviated Processing of the case.

Article 112. Urgent processing of the file.

Article 113. Emergency processing.

Section 2. Pliegos of administrative clauses and technical prescriptions.

Article 114. Specifications for general administrative clauses.

Article 115. Specifications for particular administrative clauses.

Article 116. Specifications for technical requirements.

Article 117. Rules for the establishment of technical prescriptions.

Article 118. Special conditions for the performance of the contract.

Article 119. Information on obligations relating to taxation, environmental protection, employment and working conditions.

Article 120. Information on subrogation conditions in employment contracts.

Chapter II. Special rules for the preparation of certain contracts.

Section 1. Second preparatory works for the works contract.

Subsection 1. th Project of works and repose.

Article 121. Project of works.

Article 122. Classification of the works.

Article 123. Content of the projects and responsibility arising from their preparation.

Article 124. Presentation of the project by the entrepreneur.

Article 125. Project monitoring.

Article 126. Repose of the project.

Subsection 2. ª Administrative Clauses in contracts under the total credit mode of the price.

Article 127. Content of the documents of administrative clauses in the contracts of work with full payment of the price.

Section 2. First preparatory acts of the contract of public works concession.

Article 128. Feasibility study.

Article 129. Preliminary construction and exploitation of the work.

Article 130. Project of the work and repose of it.

Article 131. Specifications for particular administrative clauses.

Section 3. Preparatory Actions of the Public Service Management Contract.

Article 132. Legal status of the service.

Article 133. Pliegos and preliminary work and exploitation.

Section 4. Second preparatory work for contracts for collaboration between the public sector and the private sector.

Article 134. Ex-ante evaluation.

Article 135. Functional program.

Article 136. Contract clause.

Title II. Preparation of other contracts.

Single Chapter. Rules applicable to the preparation of contracts concluded by contracting authorities which do not have the character of public administrations and of subsidised contracts.

Article 137. Establishment of technical prescriptions and preparation of specifications.

Book III. Selection of the contractor and award of contracts.

Title I. Award of contracts.

Chapter I. Award of contracts of public administrations.

Section 1. General Standards.

Subsection 1. First Provisions Directives.

Article 138. Award procedure.

Article 139. Principles of equality and transparency.

Article 140. Confidentiality.

Subsection 2.

Article 141. Previous announcement.

Article 142. Call for tenders.

Subsection 3. Tender.

Article 143. Time limits for the submission of requests for participation and proposals.

Article 144. Reduction of time limits in case of urgent processing.

Article 145. Proposals of the interested parties.

Article 146. Presentation of the supporting documentation of the fulfilment of prerequisites.

Article 147. Eligibility of variants or improvements.

Article 148. Electronic auction.

Article 149. Succession in the procedure.

Subsection 4. th Selection of the successful tenderer.

Article 150. Criteria for the assessment of tenders.

Article 151. Classification of the tenders, award of the contract and notification of the award.

Article 152. Offers with abnormal or disproportionate values.

Subsection 5. Th Information Obligations on the outcome of the procedure

Article 153. Non-public information

Article 154. Advertising of the formalisation of contracts

Article 155. Waiver of the conclusion of the contract and withdrawal of the award procedure by the Administration

Subsection 6. The contract formalization.

Article 156. Formalisation of contracts.

Section 2. First Open Procedure.

Article 157. Delimitation.

Article 158. Information to the tenderers.

Article 159. Deadlines for the submission of proposals.

Article 160. Examination of proposals and proposals for the award.

Article 161. Award.

Section 3. Restricted Procedure.

Article 162. Characterization.

Article 163. Criteria for the selection of candidates.

Article 164. Requests to participate.

Article 165. Selection of applicants.

Article 166. Content of the invitations and information to the guests.

Article 167. Proposals.

Article 168. Award.

Section 4. First negotiated procedure.

Article 169. Characterization.

Subsection 1. Rd Application Assumptions.

Article 170. General assumptions.

Article 171. Works contracts.

Article 172. Public service management contracts.

Article 173. Supply contracts.

Article 174. Service contracts.

Article 175. Other contracts.

Subsection 2. Th Fulfillment.

Article 176. Delimitation of the subject matter of negotiation.

Article 177. Notice of invitation to tender and submission of requests for participation.

Article 178. Negotiation of the terms of the contract.

Section 5. Competitive Dialog

Article 179. Characterization.

Article 180. Application assumptions.

Article 181. Opening of the procedure and requests for participation.

Article 182. Dialogue with the candidates.

Article 183. Submission and examination of tenders.

Section 6. Special Rules applicable to design contests

Article 184. Scope of application.

Article 185. Bases of the contest.

Article 186. Participants.

Article 187. Advertising.

Article 188. Contest decision.

Chapter II. Award of other public sector contracts.

Section 1. Third Rules applicable by contracting authorities which do not have the status of Public Administrations.

Article 189. General delimitation.

Article 190. Award of contracts subject to harmonised regulation.

Article 191. Award of contracts that are not subject to harmonised regulation.

Section 2. Third Rules applicable by other entities, bodies and entities in the public sector.

Article 192. Arrangements for the award of contracts.

Section 3. The applicable rules for the award of subsidised contracts.

Article 193. Award of subsidised contracts.

Title II. Technical rationalization of procurement.

Chapter I. General rules.

Article 194. Systems for the rationalization of the procurement of public administrations.

Article 195. Systems for the rationalization of the procurement of other public sector entities.

Chapter II. Framework agreements.

Article 196. Functionality and limits.

Article 197. Procedure for the conclusion of framework agreements.

Article 198. Award of contracts based on a framework agreement.

Chapter III. Dynamic recruitment systems.

Article 199. Functionality and limits.

Article 200. Implementation.

Article 201. Incorporation of companies into the system.

Article 202. Award of contracts in the framework of a dynamic recruitment system.

Chapter IV. Central to recruitment.

Section 1. General Rules.

Article 203. Functionality and principles of action.

Article 204. Creation of recruitment centres by Autonomous Communities and Local Entities.

Article 205. Accession to external centralised procurement systems.

Section 2. State-wide centralized procurement.

Article 206. General scheme.

Article 207. Centralized acquisition of equipment and systems for the processing of information.

Book IV. Effects, compliance and extinction of administrative contracts.

Title I. General Rules.

Chapter I. Effects of contracts.

Article 208. Legal regime.

Article 209. Linking to contractual content.

Chapter II. Prerogatives of the Public Administration in administrative contracts.

Article 210. Enumeration.

Article 211. Exercise procedure.

Chapter III. Execution of contracts.

Article 212. Faulty execution and delay.

Article 213. Resolution for delay and extension of contracts.

Article 214. Compensation for damages.

Article 215. Principle of risk and venture.

Article 216. Payment of the price.

Article 217. Procedure to make the debts of the Public Administrations effective.

Article 218. Transmission of receivables

Chapter IV. Amendment of contracts.

Article 219. Right of modification of the contract.

Article 220. Suspension of contracts.

Chapter V. Extinction of contracts.

Section 1. General Disposition.

Article 221. Extinction of contracts

Section 2. 3rd Compliance with the contracts.

Article 222. Compliance with the contracts and receipt of the benefit.

Section 3. Resolution of contracts.

Article 223. Causes of resolution.

Article 224. Application of the causes of resolution.

Article 225. Effects of the resolution.

Chapter VI. Transfer of contracts and subcontracting.

Section 1. Cession of contracts.

Article 226. Transfer of contracts.

Section 2. Subcontracting.

Article 227. Subcontracting.

Article 228. Payments to subcontractors and suppliers.

Title II. Special rules for works contracts, public works concession, public service management, supplies, services and collaboration between the public sector and the private sector.

Chapter I. Contract of works.

Section 1. Performance of the works contract.

Article 229. Check of the repose.

Article 230. Execution of the works and the responsibility of the contractor.

Article 231. Force majeure.

Article 232. Certifications and credits to account.

Article 233. Flat-rate works and works with a closed price.

Section 2. Modification of the works contract.

Article 234. Modification of the works contract.

Section 3. Implementation of the works contract.

Article 235. Receipt and period of guarantee.

Article 236. Responsibility for hidden vices.

Section 4. Resolution of the works contract.

Article 237. Causes of resolution.

Article 238. Suspension of the initiation of the work.

Article 239. Effects of the resolution.

Chapter II. Contract for the award of public works.

Section 1. Construction of the works to be granted.

Article 240. Detailed rules for the execution of works.

Article 241. Responsibility for the execution of works by third parties.

Article 242. Principle of risk and venture in the execution of works.

Article 243. Modification of the project.

Article 244. Verification of the works.

Section 2. Rights and obligations of the concessionaire and prerogatives of the granting administration.

Subsection 1. th Rights and obligations of the concessionaire.

Article 245. Rights of the concessionaire.

Article 246. Obligations of the concessionaire.

Article 247. Use and conservation of public works.

Article 248. Complementary areas of commercial exploitation.

Subsection 2. ª Prerogatives and Rights of the Administration.

Article 249. Prerogatives and rights of the Administration.

Article 250. Modification of the public works.

Article 251. Abduction of the concession.

Article 252. Penalties for non-compliance of the concessionaire.

Section 3. The financial-economic system of the concession.

Article 253. Financing of the works.

Article 254. Public contributions to construction.

Article 255. Remuneration for the use of the work.

Article 256. Public contributions to the holding.

Article 257. Differentiated public works.

Article 258. Maintenance of the economic balance of the contract.

Section 4. Private Financing.

Subsection 1. Issuance Of Titles by the concessionaire.

Article 259. Issuance of bonds and other securities.

Article 260. Incorporation into negotiable securities of the credit rights of the concessionaire.

Subsection 2. Th Concession Mortgage.

Article 261. Subject of the mortgage of the concession.

Article 262. Rights of the mortgage creditor.

Article 263. Foreclosure of the mortgage.

Article 264. Rights of holders of registered or entered charges on the concession for the case of concessional resolution.

Subsection 3. Other sources of financing.

Article 265. Participatory appropriations.

Section 5. Th Extinction of concessions.

Article 266. Modes of extinction.

Article 267. Extinction of the concession in the course of the period.

Article 268. Deadline for the concessions.

Article 269. Causes of resolution.

Article 270. Application of the causes of resolution.

Article 271. Effects of the resolution.

Article 272. Fate of the works to the extinction of the concession.

Section 6. Execution of works by third parties.

Article 273. Subcontracting.

Article 274. Award of works contracts by the concessionaire.

Chapter III. Contract for the management of public services.

Section 1. General Provisions

Article 275. Scope of the contract.

Article 276. Legal regime.

Article 277. Modalities of the procurement.

Article 278. Duration.

Section 2. Running the public service management contract.

Article 279. Performance of the contract.

Article 280. General obligations.

Article 281. Economic benefits.

Section 3. Modification of the public service management contract.

Article 282. Modification of the contract and maintenance of its economic equilibrium.

Section 4. th Compliance and effects of the public service management contract.

Article 283. Reversal.

Article 284. Lack of delivery of economic contracts and auxiliary means.

Article 285. Failure of the contractor.

Section 5. 3rd Resolution of the public service management contract.

Article 286. Causes of resolution.

Article 287. Application of the causes of resolution.

Article 288. Effects of the resolution.

Section 6. Subcontracting the public service management contract.

Article 289. Subcontracting.

Chapter IV. Contract of supply.

Section 1. Regulation of certain supply contracts.

Article 290. Lease.

Article 291. Contracts for the manufacture and application of rules and uses in force in international trade.

Section 2. Execution of the provisioning contract.

Article 292. Delivery and reception.

Article 293. Payment of the price.

Article 294. Payment in cash and other goods.

Article 295. Powers of Administration in the manufacturing process

Section 3. Modification of the supply contract.

Article 296. Modification of the supply contract.

Section 4. Fulfillment Of The Supply Contract.

Article 297. Delivery and reception costs.

Article 298. Defects or defects during the warranty period.

Section 5 Supply Contract Resolution

Article 299. Causes of resolution.

Article 300. Effects of the resolution.

Chapter V. Service contracts.

Section 1. General Provisions.

Article 301. Content and limits.

Article 302. Price determination.

Article 303. Duration.

Article 304. Recruitment scheme for teaching activities.

Section 2. Implementation of service contracts.

Article 305. Execution and responsibility of the contractor.

Section 3. Amendment of maintenance service contracts.

Article 306. Amendment of these contracts.

Section 4. 3rd Compliance with service contracts.

Article 307. Compliance with the contracts.

Section 5. Resolution of service contracts.

Article 308. Causes of resolution.

Article 309. Effects of the resolution.

Section 6. Of the sub-healing of errors and responsibilities in the works project development contract.

Article 310. Error correction and correction of deficiencies.

Article 311. Compensation.

Article 312. Liability for defects or errors in the project.

Chapter VI. Contracts for collaboration between the public sector and the private sector.

Article 313. Legal regime

Article 314. Duration

Article 315. Financing.

Book V. Administrative organisation for the management of procurement.

Title I. Competent bodies in the field of procurement.

Chapter I. Contracting authorities.

Article 316. Contracting authorities.

Article 317. Authorization to hire.

Article 318. Deconcentration.

Article 319. Abstention and recusal.

Chapter II. Bodies of assistance.

Article 320. Hiring tables.

Article 321. Special table for competitive dialogue.

Article 322. Table of recruitment of the state centralised procurement system.

Article 323. Jury of competitions.

Chapter III. Consultative bodies.

Article 324. State Administrative Contracting Advisory Board

Article 325. Advisory bodies on the recruitment of the Autonomous Communities

Title II. Official Records.

Chapter I. Official Records of Tenderers And Classified Enterprises.

Article 326. Official Registration of Tenderers And Classified Enterprises of the State.

Article 327. Official records of tenderers and classified enterprises of the Autonomous Communities.

Article 328. Content of the Register.

Article 329. Voluntary registration.

Article 330. Responsibility of the employer in relation to the updating of the registration information.

Article 331. Advertising.

Article 332. Collaboration between Registers.

Chapter II. Registration of Public Sector Contracts.

Article 333. Registration of Public Sector Contracts.

Title III. Management of contractual advertising by electronic, computer and telematic means.

Single Chapter. Platform of Contracting of the State.

Article 334. Platform of Contracting of the State.

Additional disposition first. Hiring abroad.

Additional provision second. Specific procurement rules for Local Entities.

Additional provision third. Special rules on competition to acquire equipment and systems for the processing of information and communications.

Additional provision fourth. Contracting with companies that have in their workforce persons with disabilities or in situations of social exclusion and with non-profit entities.

Additional provision fifth. Reserved contracts.

Additional provision sixth. Provisions applicable to public universities.

Additional provision seventh. Exemption from requirements for Public Bodies of Research as regards contract awards.

Additional disposition octave. Contracts concluded in the water, energy, transport and postal services sectors.

Additional provision ninth. Special rules for the recruitment of access to databases and the subscription to publications.

Additional provision 10th. Changes in amounts, time limits and other changes resulting from the Annexes to Community Directives.

Additional provision eleventh. Update of figures set by the European Union.

Additional disposition twelfth. Computation of deadlines.

Additional disposition thirteenth. References to Value Added Tax.

Additional disposition fourteenth. European Economic Area.

Additional provision 15th. Rules concerning the means of communication used in the procedures covered by this Law.

Additional provision sixteenth. Use of electronic, computer and telematic means in the procedures regulated in the Law.

Additional 17th disposition. Replacement of lawyers in the procurement tables.

18th additional disposition. Accessibility guarantee for persons with disabilities.

Additional 19th disposition. Responsibility of the authorities and the staff at the service of the Public Administrations.

320th additional disposition. Concerts for the provision of health and pharmaceutical assistance celebrated by the Mutuality of Civil Servants of the State, the General Judicial Mutuality and the Social Institute of the Armed Forces.

Additional twenty first disposition. Contracts included in the fields of defence and security.

Additional twenty-second disposition. Arrangements for the recruitment of certain bodies.

33rd additional disposition. Practices contrary to free competition.

Twenty-fourth additional disposition. Provision of health care in emergency situations.

Additional twenty-fifth disposition. Legal regime of the "Company of Agrarian Transformation, Company Anonymous" (TRAGSA), and its subsidiaries.

Additional twenty-sixth disposition. Protection of personal data.

Additional twenty-seventh disposition. European groupings of territorial cooperation.

An additional twenty-eighth disposition. Centralized procurement of medicines and medical devices with a view to the National Health System.

Additional twenty-ninth disposition. Institutional arrangements for collaboration between the public sector and the private sector.

Additional 30th disposition. Regime of the competent bodies to resolve the resources of the General Administration of the State and Contracting Entities attached to it.

Additional 30th disposition. Authorization of the Council of Ministers in concessions of works regulated in the sectoral regulations.

First transient disposition. Proceedings initiated and contracts awarded prior to the entry into force of this Law.

Second transient disposition. Review formulas.

Transitional provision third. Determination of amounts by the ministerial departments with respect to the autonomous organizations assigned to them.

Transitional disposition fourth. Determination of the cases in which the classification of undertakings is required.

Transient disposition fifth. Transitional arrangements for procedures for the award of contracts not subject to harmonised regulation concluded by entities which do not have the status of public administration.

Transitional disposition sixth. Time limits referred to in Article 216 of the Law.

Transitional disposition seventh. Supplementary scheme for the Autonomous Communities.

Transient disposition octave. Procedures in progress.

Final disposition first. Updating of references to certain bodies.

Final disposition second. Competitive titles.

Final disposition third. Rules applicable to the procedures covered by this Law.

Final disposition fourth. Enabling regulations on the use of electronic, computer or telematic means and the use of an electronic invoice.

Final disposition fifth. Promotion of public procurement of innovative activities.

Final disposition sixth. Enabling regulatory development.

Annex I. Activities referred to in Article 6 (1).

Annex II. Services referred to in Article 10

Annex III. List of products referred to in Article 15 (1) (a) in respect of supply contracts awarded by contracting authorities in the defence sector.

RECAST TEXT OF THE PUBLIC SECTOR CONTRACTS ACT

PRELIMINARY TITLE

General provisions

CHAPTER I

Object and Scope of Law

Article 1. Purpose and purpose.

This Law is intended to regulate the procurement of the public sector, in order to ensure that it complies with the principles of freedom of access to tenders, publicity and transparency of procedures, and non-discrimination and equal treatment among candidates, and to ensure, in connection with the objective of budgetary stability and control of expenditure, an efficient use of funds for the construction of works, the acquisition of goods and the procurement of services through the requirement of the prior definition of to satisfy, safeguard free competition and the selection of the most economically advantageous tender.

It is also the object of this Law to regulate the legal regime applicable to the effects, compliance and extinction of administrative contracts, in consideration of the public institutional ends that are dealt with through them.

Article 2. Scope of application

1. They are contracts of the public sector and, consequently, are subject to this Law in the form and terms provided for in it, the onerous contracts, whatever their legal nature, which shall be concluded by the entities, bodies and entities listed in Article 3.

2. They are also subject to this Law, in the terms set out therein, the contracts subsidised by the public sector entities, bodies and entities to be concluded by other natural or legal persons in the cases provided for in Article 17, as well as the works contracts to be concluded by public works dealers in the cases of Article 274.

3. The application of this Law to the contracts concluded by the Autonomous Communities and the entities that make up the Local Administration, or the agencies that are dependent on them, as well as to the contracts subsidized by any of these entities, shall be carried out in the terms provided for in the second final provision.

Article 3. Subjective scope

1. For the purposes of this Law, the following entities, bodies and entities are considered to be part of the public sector:

(a) The General Administration of the State, the Administrations of the Autonomous Communities and the Entities that make up the Local Administration.

b) The management entities and the common services of Social Security.

(c) Autonomous bodies, business public entities, public universities, state agencies and any entities governed by public law with their own legal personality linked to a subject belonging to or dependent on the public sector, including those which, with functional independence or with special autonomy recognized by the law, have the responsibility of regulating or controlling external character over a particular sector or activity.

(d) Commercial companies in which the share, direct or indirect, of entities referred to in points (a) to (f) of this paragraph is more than 50 per 100.

e) Consortia having their own legal personality as referred to in Article 6.5 of Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure, and local legislation.

(f) Foundations that are constituted by a majority, direct or indirect, contribution of one or more entities integrated in the public sector, or whose founding patrimony, with a character of permanence, consists of more than 50 per 100 of goods or rights contributed or transferred by the aforementioned entities.

g) The Mutual Work and Occupational Accident Mutuals of Social Security.

(h) Cuentas, entities or entities with legal personality, which have been created specifically to satisfy needs of general interest that do not have an industrial or commercial character, provided that one or more subjects belonging to the public sector finance their activity, control their management, or appoint more than half of the members of its administrative, management or supervisory body.

(i) Associations formed by the entities, bodies and entities referred to in the preceding letters.

2. Within the public sector, and for the purposes of this Law, the following entities, bodies and entities shall be considered to be Public Administrations:

(a) Those referred to in points (a) and (b) of the previous paragraph.

b) The Autonomous Bodies.

c) Public Universities.

(d) entities governed by public law which, with functional independence or with special autonomy recognised by the law, have assigned external regulatory or control functions on a particular sector or activity; and

(e) public law entities linked to one or more public administrations or dependent on them that meet any of the following characteristics:

1. That its principal activity does not consist of the production in the market of goods and services intended for individual or collective consumption, or that carry out operations of redistribution of income and national wealth, in any case without profit, or

2. The majority of which are not financed mainly with income, whatever their nature, obtained as a counterpart to the supply of goods or to the provision of services.

However, public authorities will not have the consideration of state-owned business entities and the organizations that are dependent on the Autonomous Communities and local entities.

(f) The competent bodies of the Congress of Deputies, the Senate, the General Council of the Judiciary, the Constitutional Court, the Court of Auditors, the Ombudsman, the Legislative Assemblies of the Autonomous Communities and the autonomous institutions analogous to the Court of Auditors and the Ombudsman, as regards their recruitment activity.

g) The Regional Diputations and the General Boards of the Historical Territories of the Basque Country as regards their recruitment activity.

3. Contracting authorities shall, for the purposes of this Act, consider the following entities, bodies and entities:

(a) The Public Administrations.

(b) All other entities, bodies or entities with their own legal personality other than those expressed in (a) which have been specifically created to satisfy needs of general interest which do not have an industrial or commercial character, provided that one or more subjects to be considered as contracting authorities in accordance with the criteria of this paragraph 3 finance their activity, control their management, or appoint more than half of the members of their administrative, management or supervisory body.

(c) Associations formed by the entities, bodies and entities referred to in the preceding letters.

Article 4. Excluded businesses and contracts

1. The following business and legal relations are excluded from the scope of this Law:

(a) The service relationship of public servants and regulated contracts in labour law.

(b) Legal relations consisting in the provision of a public service whose use by users requires the payment of a fee, fee or public price of general application.

(c) The collaboration agreements concluded by the General Administration of the State with the managing entities and common services of the Social Security, the Public Universities, the Autonomous Communities, the local entities, autonomous organizations and other public entities, or those that conclude these organizations and entities, except that, by their nature, they have the consideration of contracts subject to this Law.

(d) Conventions which, in accordance with the specific rules governing them, conclude the Administration with natural or legal persons subject to private law, provided that their object is not included in the contracts covered by this Law or in special administrative rules.

(e) The conventions falling within the scope of Article 346 of the Treaty on the Functioning of the European Union to be concluded in the defence sector.

(f) Agreements concluded by the State with other States or with entities governed by public international law.

(g) Supply contracts relating to direct activities of public authorities dependent on public administrations whose activity is of a commercial, industrial, financial or similar nature, if the goods on which they deal have been acquired for the purpose of returning them, with or without transformation, to the legal heritage traffic, in accordance with their peculiar purposes, provided that such bodies act in the exercise of specific powers conferred upon them by the Law.

(h) Contracts and agreements resulting from international agreements concluded in accordance with the Treaty on the Functioning of the European Union with one or more non-Community countries, relating to works or supplies intended for the joint performance or exploitation of a work, or relating to contracts for services intended for the joint implementation or exploitation of a project.

(i) Contracts and agreements made under an international agreement concluded in relation to the stationing of troops.

(j) Contracts and agreements awarded under a specific procedure of an international organisation.

k) Contracts relating to arbitration and conciliation services.

(l) Contracts relating to financial services related to the issue, purchase, sale and transfer of securities or other financial instruments, in particular transactions relating to the financial management of the State, as well as operations for the acquisition of funds or capital by public sector entities, bodies and entities, as well as the services provided by the Bank of Spain and treasury operations.

m) Contracts for which an entity, body or entity in the public sector is obliged to deliver goods or rights or to provide any service, without prejudice to the fact that the acquirer of the goods or the recipient of the services, if it is a public sector entity subject to this Law, must comply with its requirements for the conclusion of the relevant contract.

n) Legal businesses in the virtue of which an entity is entrusted which, as referred to in Article 24.6, has the condition of its own means and its technical service, the performance of a given benefit. However, contracts to be concluded by institutions which have the consideration of their own means and technical service for the performance of the performance of the contract shall be subject to this Law, in terms of their origin in accordance with the nature of the entity holding them and the type and amount thereof, and, in any case, in the case of contracts for works, services or supplies whose amounts exceed the thresholds laid down in Section 2. of Chapter II of this Preliminary Title, private law entities shall observe for their preparation and the award of the rules laid down in Articles 137.1 and 190.

(o) Authorisations and concessions on public domain goods and contracts for the exploitation of property other than those defined in Article 7, which shall be governed by their specific legislation except in cases where the provisions of this Law are expressly declared to be applicable.

p) Contracts for the sale, donation, swap, lease and other similar legal business on real estate, marketable securities and property, unless they fall on computer programs and must be qualified as supply or service contracts, which will always have the character of private contracts and shall be governed by the law of the estate. These contracts may not include benefits which are typical of the typical contracts covered by Section 1 of Chapter II of the Preliminary Title, if the estimated value of the contracts is greater than 50 per 100 of the total amount of the business or if they do not maintain the characteristic performance of the relationship and complementarity in the terms provided for in Article 25; in these two cases, these benefits shall be subject to independent procurement in accordance with the provisions of this Law.

(q) The service and supply contracts concluded by the State Public Research Bodies and similar bodies of the Autonomous Communities which have as their object the performance or products necessary for the execution of research, development and technological innovation or technical services projects, when the presentation and production of results derived from them is linked to scientific, technological or industrial returns which are likely to be incorporated into legal traffic and their performance has been entrusted to research by the Agency through competitive concurrency processes.

r) Research and development contracts paid in full by the contracting authority, provided that the contracting authority shares the risks and benefits of the scientific and technical research needed to develop innovative solutions that exceed those available on the market. The award of such contracts shall ensure that the principles of publicity, competition, transparency, confidentiality, equality and non-discrimination and the choice of the most economically advantageous tender are respected.

2. The contracts, businesses and legal relations listed in the previous paragraph shall be governed by their special rules, applying the principles of this Law to resolve any doubts and loopholes that may arise.

CHAPTER II

Public Sector Contracts

Section 1. 3rd Delimitation of Contract Types

Article 5. Qualification of contracts.

1. Works contracts, public works concession, public service management, supply, services and collaboration between the public sector and the private sector that hold the entities, bodies and entities belonging to the public sector shall be qualified in accordance with the rules contained in this section.

2. The remaining public sector contracts shall be classified in accordance with the rules of administrative law or private law applicable to them.

Article 6. Contract of works.

1. Works contracts are those which are intended to carry out a work or the execution of one of the works listed in Annex I or the performance by any means of a work corresponding to the needs specified by the entity of the contracting public sector. In addition to these benefits, the contract may include, where appropriate, the wording of the relevant project.

2. 'work' means the result of a set of construction or civil engineering works, which is intended to fulfil in itself an economic or technical function, which has as its object an immovable property.

Article 7. Contract for the award of public works.

1. The concession of public works is a contract which aims at the realization by the concessionaire of some of the benefits referred to in Article 6, including the restoration and repair of existing constructions, as well as the preservation and maintenance of the elements constructed, and in which the consideration for that consists, or only in the right to exploit the work, or in that right accompanied by the right to receive a price.

2. The contract, which shall be executed in any case at risk and to the contractor, may also include the following content:

(a) The adequacy, reform and modernization of the work to adapt it to the technical and functional characteristics required for the correct delivery of the services or the performance of the economic activities to which it serves as material support.

(b) The actions of replacement and great repair that are required in relation to the elements that must be collected by each of the works in order to be able to keep fit so that the services and activities to which they serve can be properly developed according to the economic requirements and the social demands.

3. The contract for the concession of public works may also provide that the concessionaire is obliged to project, execute, preserve, replenish and repair those works that are ancillary or linked to the principal and which are necessary for the latter to fulfil the determining purpose of its construction and to permit its best operation and exploitation, as well as to carry out the environmental actions related to the works that are provided for them. In the event that the related or ancillary works may be the subject of economic exploitation or exploitation, they shall correspond to the concessionaire in conjunction with the operation of the main work, in the form determined by the respective documents.

Article 8. Contract for the management of public services.

1. The contract for the management of public services is the one in which a Public Administration or a Mutual of Occupational Accidents and Occupational Diseases of Social Security entrusts to a person, natural or legal, the management of a service whose benefit has been assumed as its own competence by the Administration or by the Mutua.

Mutual Occupational Accidents and Occupational Diseases may only perform this type of contract in respect of the management of healthcare provision

2. The provisions of this Law relating to this contract shall not apply to the cases in which the management of the public service is carried out by the creation of entities governed by public law intended for this purpose, nor to those in which it is attributed to a company governed by private law whose capital is, in its entirety, public ownership.

Article 9. Contract of supply.

1. They are supply contracts which have as their object the acquisition, the leasing, or the lease, with or without option of purchase, of products or movable property.

2. Without prejudice to point (b) of paragraph 3 of this Article in respect of contracts which have as their object computer programmes, contracts relating to incorporated or transferable securities shall not be regarded as a supply contract.

3. In any case, the following supply contracts shall be considered:

(a) Those in which the employer is obliged to deliver a plurality of goods in a succession and per unit price without the total amount being defined precisely at the time of the conclusion of the contract, as the deliveries to the needs of the acquirer are subordinate. However, the award of such contracts shall be made in accordance with the rules laid down in Chapter II of Title II of Book III for framework agreements concluded with a single employer.

(b) Those which aim at the acquisition and leasing of telecommunications equipment and systems or for the processing of information, their devices and programmes, and the transfer of their right of use, with the exception of contracts for the purchase of custom-developed computer programmes, to be considered as service contracts.

(c) manufacture, for which the goods or things to be delivered by the employer must be drawn up in accordance with peculiar characteristics previously fixed by the contracting entity, even if the latter is required to provide, in whole or in part, the precise materials.

Article 10. Contract of services.

These are service contracts whose purpose is to make consistent in the development of an activity or to obtain a result other than a work or a supply. For the purposes of this Law, service contracts are divided into the categories listed in Annex II.

Article 11. Contract of collaboration between the public sector and the private sector.

1. Contracts for collaboration between the public sector and the private sector in which a public administration or a public enterprise or similar body of the Autonomous Communities instructs a private law entity for a period determined on the basis of the duration of the amortisation of investments or of the financing arrangements to be provided for, the implementation of a comprehensive and integrated action which, in addition to the financing of intangible investments, works or supplies necessary for the fulfilment of certain public service objectives or related to actions of general interest, include any of the following:

(a) The construction, installation or transformation of works, equipment, systems, and products or complex goods, as well as their maintenance, upgrading or renovation, their operation or their management.

b) Comprehensive management of complex facility maintenance.

c) The manufacture of goods and the provision of services incorporating technology specifically developed for the purpose of providing more advanced and more economically advantageous solutions than those existing in the market.

(d) Other services related to the development by the Administration of the public service or action of general interest entrusted to it.

2. Contracts for collaboration between the public sector and the private sector may be concluded only where it has previously been demonstrated, in the form provided for in Article 134, that alternative forms of procurement do not permit the satisfaction of public purposes.

3. The contractor may assume, in the terms provided for in the contract, the management of the works that are necessary, as well as carry out, in whole or in part, the projects for its execution and to contract the precise services.

4. The consideration to be paid by the contributing contractor shall be a price which shall be met for the duration of the contract and which may be linked to the performance of certain performance objectives.

Article 12. Mixed contracts.

Where a contract contains benefits corresponding to another or a different kind, it shall in any event be considered for the purposes of determining the rules to be observed in the award of the contract, the nature of the benefit which is of the most economic importance.

Section 2. 3rd Contracts subject to harmonised regulation

Article 13. General delimitation.

1. Contracts for cooperation between the public sector and the private sector, in any case, and works contracts, public works contracts, supply contracts and services falling within categories 1 to 16 of Annex II, the estimated value of which, calculated in accordance with the rules laid down in Article 88, shall be the same or higher than the amounts indicated in the following Articles, provided that the contracting entity has the character of the contracting authority. They shall also have the consideration of contracts subject to harmonised regulation of contracts subsidised by those entities referred to in Article 17.

2. Notwithstanding the above, they are not considered to be subject to harmonised regulation, whatever their estimated value, the following contracts:

(a) Those for the purpose of the purchase, development, production or co-production of programmes for broadcasting by the broadcasting organisations, as well as those relating to broadcasting time.

b) research and development paid in full by the contracting authority, provided that its results are not reserved for its exclusive use by the contracting authority in the exercise of its own activity.

(c) Those included within the scope defined by Article 346 of the Treaty on the Functioning of the European Union to be concluded in the defence sector.

(d) Those declared secret or reserved, or those whose execution must be accompanied by special security measures in accordance with the legislation in force, or in which the protection of interests essential to the security of the State is required.

The declaration that this last circumstance will be present must be made, in an express manner, by the holder of the ministerial department on which the contracting authority depends in the field of the General Administration of the State, its autonomous bodies, the managing entities and the common services of social security and other state public entities, by the competent body of the Autonomous Communities, or by the body to which the competition is attributed to conclude the corresponding contract in the local entities. The competence to make such a declaration shall not be liable to delegation, unless authorized by a law.

(e) Those whose main purpose is to enable the contracting authorities to make available or operate public telecommunications networks or to supply the public with one or more telecommunications services.

Article 14. Works contracts and the award of public works subject to harmonised regulation: threshold.

1. Works contracts and public works concession contracts, the estimated value of which is equal to or greater than EUR 4,845,000, are subject to harmonised regulation.

2. In the case provided for in Article 88,7, where the cumulative value of the lots in which the work is divided equals or exceeds the quantity referred to in the preceding paragraph, the rules of the harmonised regulation shall apply to the award of each lot. However, the contracting authorities may exempt lots whose estimated value is less than EUR 1 million from those rules, provided that the aggregate amount of the lots except does not exceed 20 per 100 of the cumulative value of the total of the lots.

Article 15. Supply contracts subject to harmonised regulation: threshold.

1. A harmonised regulation is subject to a supply contract whose estimated value is equal to or greater than the following quantities:

(a) EUR 125,000, in the case of contracts awarded by the General Administration of the State, its autonomous bodies, or the Management Entities and the Common Services of Social Security. However, where contracts are awarded by contracting authorities belonging to the defence sector, this threshold shall apply only in respect of supply contracts which have as their object the products listed in Annex III.

(b) EUR 193,000, in the case of different supply contracts, by reason of the contracting subject or by reason of his object, of those referred to in the preceding subparagraph.

2. In the case provided for in Article 88,7 where the cumulative value of the lots in which the supply is divided equals or exceeds the quantities referred to in the preceding paragraph, the rules of the harmonised regulation shall apply to the award of each lot. However, the contracting authorities may exempt lots whose estimated value is less than EUR 80 000 from those rules, provided that the aggregate amount of the lots except does not exceed 20 per 100 of the cumulative value of the total of the lots.

Article 16. Service contracts subject to harmonised regulation: threshold.

1. Contracts for services falling within categories 1 to 16 of Annex II whose estimated value is equal to or greater than the following amounts are subject to harmonised regulation:

(a) EUR 125,000, where the contracts are to be awarded by the General Administration of the State, its self-employed bodies, or the Management Entities and the Common Services of Social Security, without prejudice to the provisions of certain contracts in category 5 and for contracts falling within category 8 of Annex II to point (b) of this Article.

(b) EUR 193,000, where contracts have to be awarded by public sector entities, bodies or entities other than the General Administration of the State, its self-employed bodies or the Social Security Joint Management and Services Entities, or where, even where they are awarded by such entities, they are contracts of category 5 consisting of broadcast services of television and radio broadcasts, connection services or integrated telecommunications services, or category 8 contracts, as defined in Annex II.

2. In the case provided for in Article 88,7, where the cumulative value of the lots in which the purchase of services is divided or exceeds the amounts indicated in the preceding paragraph, the rules of the harmonised regulation shall apply to the award of each lot. However, the contracting authorities may exempt lots whose estimated value is less than EUR 80 000 from those rules, provided that the aggregate amount of the lots except does not exceed 20 per 100 of the cumulative value of the total of the lots.

Article 17. Subsidised contracts subject to harmonised regulation.

1. The contracts for works and service contracts defined in accordance with Articles 6 and 10, respectively, which are subsidised, directly and in excess of 50 per 100 of their amount, by entities having the consideration of contracting authorities, subject to a harmonised regulation, shall be subject to harmonised regulation, provided that they belong to one of the following categories:

(a) Contracts of works for the purpose of civil engineering activities of Section F, Division 45, group 45.2 of the General Nomenclature of Economic Activities of the European Communities (NACE), or the construction of hospitals, sports, recreational or leisure centres, school or university buildings and buildings of administrative use, provided that their estimated value is equal to or greater than EUR 4,845,000.

(b) Service contracts linked to a contract of works of those defined in (a), the estimated value of which is equal to or greater than EUR 193,000.

2. The rules laid down for subsidised contracts shall apply to those concluded by individuals or by public sector entities which do not have the consideration of contracting authorities, in conjunction with the other provisions of this Law which apply to them. Where the subsidised contract is awarded by public sector entities which have the consideration of a contracting authority, the procurement rules laid down for such entities shall apply, in accordance with their nature, except for the determination of the jurisdiction to resolve the special procurement procedure and to take precautionary measures in the award procedure, which shall in any event be governed by the rule laid down in Article 41.

Section 3. Administrative Contracts and Private Contracts

Article 18. Arrangements applicable to public sector contracts.

Public sector contracts may have administrative or private character.

Article 19. Administrative contracts.

1. The following contracts shall be of an administrative nature, provided they are concluded by a public administration:

(a) Work contracts, public works concession, public service management, supply, and services, as well as contracts for collaboration between the public sector and the private sector. However, the service contracts falling within category 6 of Annex II and those relating to artistic and literary creation and interpretation and those of spectacles falling within category 26 of the same Annex shall not be of an administrative nature.

(b) Contracts of object other than those previously expressed, but which have a special administrative nature because they are linked to the specific rotation or traffic of the Contracting Administration or to satisfy directly or immediately a public purpose of the specific competence of the Contracting Administration, provided that they do not expressly attribute the character of private contracts in accordance with the second paragraph of Article 20.1, or to declare it a Law.

2. Administrative contracts shall be governed, in respect of their preparation, adjudication, effects and extinction, by this Law and its implementing provisions; they shall supplement the other rules of administrative law and, failing that, the rules of private law. However, the special administrative contracts referred to in point (b) of the preceding paragraph shall apply to them, first of all, to their specific rules.

Article 20. Private contracts.

1. They shall have the consideration of private contracts concluded by public sector entities, bodies and entities which do not fulfil the condition of public administration.

Likewise, private contracts are concluded by a public administration which have as their object services falling within category 6 of Annex II, the artistic and literary creation and interpretation or performances falling within category 26 of the same Annex, and the subscription to magazines, periodicals and databases, as well as any other contracts other than those referred to in paragraph 1 of the previous article.

2. Private contracts shall be governed, in respect of their preparation and award, in the absence of specific rules, by this law and its implementing provisions, by applying the other rules of administrative law or, where appropriate, the rules of private law, as appropriate, as the case may be, by reason of the contracting entity or entity. As for its effects and extinction, these contracts will be governed by private law.

However, the rules contained in Title V of Book I, on the modification of contracts, will apply to these contracts.

Article 21. Competent jurisdiction.

1. The judicial-administrative judicial order shall be the competent authority to resolve disputes relating to the preparation, award, effects, enforcement and termination of administrative contracts. It shall also be for this court to be aware of the questions raised in connection with the preparation and award of private contracts for public administrations and contracts subject to harmonised regulation, including the subsidised contracts referred to in Article 17 as well as the service contracts of categories 17 to 27 of Annex II, the estimated value of which is equal to or greater than EUR 193,000 for the purpose of concluding agreements, bodies or entities which, without being public administrations, have the status of contracting. It shall also be aware of the appeals brought against the decisions of the decision-making bodies provided for in Article 41 of this Law.

2. The civil court shall have jurisdiction to resolve disputes arising between the parties in relation to the effects, enforcement and extinction of private contracts. This court order shall also be competent to hear how many contentious questions affect the preparation and award of private contracts to be held by entities and entities subject to this Law which do not have the status of public administration, provided that such contracts are not subject to harmonised regulation.

3. The knowledge of the contentious questions raised by application of the provisions contained in Section 4 of Chapter II of Title II of Book IV of this Law shall be the jurisdiction of the civil court, except in respect of the performance of the administrative obligations and powers which, in accordance with the provisions of those provisions, are attributed to the granting authority, and in which the judicial-administrative judicial order shall be competent.

BOOK FIRST

General configuration of public sector procurement and structural elements of contracts

TITLE I

General provisions on public sector procurement

CHAPTER I

Rationality and consistency of public sector procurement

Article 22. Need and suitability of the contract and efficiency in the procurement.

1. Entities, bodies and entities in the public sector may not conclude other contracts than those necessary for the fulfilment and fulfilment of their institutional purposes. To this end, the nature and extent of the needs to be covered by the contract, as well as the suitability of its object and content to satisfy them, must be determined precisely, in the preparatory documentation, prior to the initiation of the procedure for its award.

2. Public sector entities, bodies and entities shall ensure the efficiency and maintenance of the agreed terms in the implementation of public procurement processes, facilitate the streamlining of procedures, value innovation and the incorporation of high technology as positive aspects in public procurement procedures and promote the participation of small and medium-sized enterprises and the free access to information in the terms provided for in this Law.

Article 23. Period of duration of the contracts.

1. Without prejudice to the special rules applicable to certain contracts, the duration of public sector contracts shall be established taking into account the nature of the benefits, the characteristics of their financing and the need to periodically submit to them the performance of the contracts.

2. The contract may provide for one or more extensions provided that its characteristics remain unchanged during the duration of the contract and that the concurrency for its award has been made taking into account the maximum duration of the contract, including the periods of extension.

The extension will be agreed by the contracting authority and will be mandatory for the employer, unless the contract expressly provides otherwise, without the consent of the parties.

3. Minor contracts as defined in Article 138.3 may not be longer than one year and shall not be extended.

Article 24. Execution of works and manufacture of movable property by the Administration, and execution of services with the collaboration of private entrepreneurs.

1. The execution of works may be carried out by the services of the Administration, either exclusively by means of their own means or with the collaboration of private entrepreneurs, provided that the amount of the part of the work in charge of the works is less than EUR 4,845,000, when one of these circumstances is present:

(a) that the Administration has installed factories, arsenals, master's or technical or industrial services sufficiently suitable for the performance of the performance, in which case this system of execution should normally be used.

(b) The administration has usable ancillary elements, the use of which would involve an economy exceeding 5 per 100 of the amount of the contract budget or a greater speed in its implementation, in which case the following advantages are justified.

c) That there have been no offers of entrepreneurs in the tender previously made.

(d) In the case of emergency cases, in accordance with the provisions of Article 113.

e) When, given the nature of the benefit, the prior fixing of a certain price or a budget by simple units of work is impossible.

f) When it is necessary to relieve the contractor of carrying out some units of work for not having reached an agreement in the corresponding contradictory prices.

g) The works of mere preservation and maintenance, as defined in Article 122.5.

(h) Exceptionally, the execution of works defined in accordance with a preliminary draft, where Article 150,3 (a) is not applied.

In cases other than those referred to in points (d), (g) and (h), the corresponding project shall be drawn up, the content of which shall be determined by regulation.

2. The manufacture of movable property may be carried out by the services of the Administration, either exclusively by means of its own means or with the collaboration of private entrepreneurs, provided that the amount of the part of the supply in charge of the goods is less than the amounts referred to in Article 15, where one of the circumstances referred to in points (a), (c), (d) and (e) of the preceding paragraph is present, or where, in the case of the case as defined in point (b) of this paragraph, the savings which may be obtained are greater than 20% of the budget of the supply or a greater amount may be obtained. speed in its execution.

Except for these limitations are those supplies that, for reasons of defense or military interest, should be implemented by the Administration.

3. The performance of services in collaboration with private entrepreneurs may be carried out provided that their amount is less than the amounts laid down in Article 16, and there are any of the circumstances referred to in the previous paragraph, in so far as they apply to these contracts.

The services of category 1 of Annex II are exempted from these limitations when they relate to the maintenance of goods within the scope defined by Article 346 of the Treaty on the Functioning of the European Union.

4. Where the execution of the works, the manufacture of the movable property, or the performance of the services is carried out in collaboration with private entrepreneurs, the contracts to be concluded with the latter shall be of special administrative nature, without the establishment of works, supplies or services contracts, as the performance of the works by the administrative organ of the administration. The selection of the contributing employer shall be made by the award procedures laid down in Article 138, except in the case referred to in point (d) of paragraph 1 of this Article. In the case of works covered by points (a) and (b) of paragraph 1, the contract shall not exceed 50 per 100 of the total amount of the project.

5. The authorization of the execution of works and the manufacture of movable property and, where appropriate, the approval of the project, shall be the responsibility of the body responsible for the approval of the expenditure or the body determining the organic provisions of the Autonomous Communities, in their respective field.

6. For the purposes referred to in this Article and in Article 4 (1) (n), entities, bodies and entities in the public sector may be considered as their own means and technical services of those contracting authorities for which they carry out the essential part of their business where they have similar control over the latter to which they may exercise their own services. In the case of companies, in addition, the whole of their capital will have to be publicly owned.

In any event, the contracting authorities shall be deemed to have on an entity, body or entity a control similar to that which they have on their own services if they are able to confer on them a management system which is mandatory for them in accordance with instructions set out unilaterally by the entrustment and whose remuneration is fixed by reference to tariffs approved by the public entity from which they are dependent.

The condition of own means and technical service of entities meeting the criteria referred to in this paragraph shall be expressly recognized by the rule that believes them or by their statutes, which shall determine the entities in respect of which they have this condition and specify the arrangements for the arrangements that may be granted to them or the conditions under which they may be awarded contracts, and shall determine for them the impossibility of participating in public tenders convened by the contracting authorities of which they are the means of their own, without prejudice to the fact that, where no tenderer is present, the performance of the performance of the tenderer may be made more expensive.

CHAPTER II

Contract freedom and minimum contract content

Article 25. Freedom of pacts.

1. Public sector contracts may include any covenants, clauses and conditions, provided that they are not contrary to the public interest, to the legal system and to the principles of good administration.

2. Only benefits corresponding to different contracts may be merged in a mixed contract where those benefits are directly linked to each other and maintain relations of complementarity which require their consideration and treatment as a functional unit aimed at the satisfaction of a particular need or for the achievement of an institutional end of the entity, body or contracting entity.

Article 26. Minimum content of the contract.

1. Unless they are already included in the documents, the contracts to be concluded by the public sector entities, bodies and entities should necessarily include the following particulars:

a) The identification of the parties.

b) Accreditation of the ability of the signatories to subscribe to the contract.

c) Defining the object of the contract.

d) Reference to the law applicable to the contract.

e) The enumeration of the documents that make up the contract. If this is expressed in the contract, this list may be hierarchized, in accordance with the order of priority agreed by the parties, in which case, except in the case of manifest error, the agreed order will be used to determine the respective prevalence, in case there are contradictions between different documents.

f) The true price, or the way to determine it.

g) The duration of the contract or the estimated dates for the commencement of its execution and for its completion, as well as the extension or extension, if they were intended.

h) The conditions of receipt, delivery or admission of benefits.

i) Payment conditions.

j) The assumptions in which the resolution is appropriate.

(k) The budgetary credit or the accounting programme or item under which the price shall be paid, if appropriate.

l) The objective and temporary extension of the duty of confidentiality which, if any, is imposed on the contractor.

2. The contractual document may not include stipulations establishing rights and obligations for the parties other than those provided for in the documents, in the form which results from the proposal of the successful tenderer, or those specified in the act of award of the contract in accordance with the procedure, in the absence of those.

CHAPTER III

Perfection and form of contract

Article 27. Perfection of the contracts.

1. Contracts to be concluded by contracting authorities are refined with their formalisation. The subsidised contracts which, in accordance with Article 17 of this Law, are to be considered as subject to harmonised regulation, shall be refined in accordance with the legislation governing them. The parties must notify their formalisation to the body which awarded the grant.

2. Unless otherwise indicated in its clause, public sector contracts shall be deemed to have been concluded at the place where the seat of the contracting authority is located.

Article 28. Formal nature of public sector procurement.

1. Public sector entities, bodies and entities shall not be able to contract orally, unless the contract has, in accordance with the provisions of Article 113.1, an emergency.

2. Contracts to be concluded by public administrations shall be concluded in accordance with the provisions of Article 156, without prejudice to the provisions laid down for minor contracts in Article 111.

3. Contracts to be concluded by other entities, bodies and entities in the public sector, where they are subject to special use in procurement pursuant to Article 40.1, shall be formalised within the time limits laid down in Article 156.3.

CHAPTER IV

Remission of information for statistical and audit purposes

Article 29. Referral of contracts to the Court of Auditors.

1. Within three months of the conclusion of the contract, for the exercise of the audit function, a certified copy of the document in which the contract has been formalised shall be sent to the Court of Auditors or external audit body of the Autonomous Community, accompanied by an extract from the file to be derived, provided that the amount of the contract exceeds EUR 600 000, in the case of works, public works concessions, public service management and contracts for cooperation between the public sector and the private sector; EUR 450,000, in the case of supplies, and EUR 150 000, for services and for special administrative contracts.

2. The Court of Auditors or external audit body of the Autonomous Community shall also be notified of amendments, extensions or variations of time limits, price variations and final amount, the nullity and the normal or abnormal extinction of the contracts indicated.

3. The provisions of the two preceding paragraphs shall be without prejudice to the powers of the Court of Auditors or, where appropriate, the corresponding external audit bodies of the Autonomous Communities in order to claim all data, documents and records which it considers relevant in relation to contracts of any kind and value.

4. The communications referred to in this Article shall be carried out by the contracting authority in the field of the General Administration of the State and of the public sector entities, bodies and entities which are dependent on it.

Article 30. Statistical data.

Within the same period of time indicated in the previous article, the contracting authority shall send to the Advisory Board of Administrative Contracting of the State the information on the contracts which it is determined to regulate, for the purposes of compliance with international regulations. The Board shall also be informed of the cases of modification, extension or variation of the time limit, price variations and the final amount of contracts, the nullity and the normal or abnormal extinction of the contracts.

The Autonomous Communities that have Contract Records will be able to fulfill these forecasts through the communication between Registers.

CHAPTER V

Invalidity scheme

Section 1. General Regime

Article 31. Invalidity cases.

In addition to the cases where the invalidity derives from the illegality of its clause, the contracts of the General Administration and the contracts subject to harmonised regulation, including the subsidised contracts referred to in Article 17, shall be invalid in the case of any of its preparatory acts or the award of the contract, in order to make any of the causes of administrative law or civil law referred to in the following Articles.

Article 32. Causes of invalidity of administrative law.

The following are administrative law nullity causes:

(a) Those referred to in Article 62.1 of Law 30/1992, of 26 November.

(b) The lack of adequate financial, technical, technical or professional capacity to act, or to be accredited, of the successful tenderer, or to be in breach of any of the prohibitions for contracting as referred to in Article 60.

c) The lack or insufficiency of credit, in accordance with the provisions of Law 47/2003, of November 26, General Budget, or in the budgetary rules of the remaining Public Administrations subject to this Law, except for the emergency cases.

Article 33. Causes of nullability of administrative law.

The other violations of the legal order and, in particular, those of the rules contained in this Law, in accordance with Article 63 of Law 30/1992, of 26 November, are causes of administrative law nullability.

Article 34. Ex officio review.

1. The ex officio review of the preparatory acts and the acts of award of the contracts of public administrations and of contracts subject to harmonised regulation shall be carried out in accordance with the provisions of Chapter 1 of Title VII of Law No 30/1992 of 26 November 1992.

2. Without prejudice to what, for the purposes of the Autonomous Communities, they lay down their respective rules which, in any event, must confer this jurisdiction on an organ whose resolutions are exhausted by the administrative means, they shall be competent to declare the nullity of such acts or to declare their lesivity the contracting authority, in the case of contracts of a public administration, or the holder of the department, body, entity or body to which the contracting entity is attached or which corresponds to its protection, when the latter does not have the status of Public Administration. In the latter case, if the contracting entity is linked to more than one Administration, the relevant organ of which the majority control or participation is held shall be competent.

In the case of subsidised contracts, the jurisdiction shall be the responsibility of the holder of the department, body, entity or body which has awarded the grant, or to which the entity which has granted it is attached, where the latter does not have the status of Public Administration. In the event of a grant of subsidies from different public sector subjects, the competition will be determined on the basis of the higher level subsidy and, on an equal basis, on the basis of the grant first granted.

3. Unless otherwise stated, the jurisdiction to declare a declaration of invalidity or lesivity shall be understood as delegated jointly with the competition to contract. However, the power to grant compensation for damages in the event of a declaration of invalidity shall not be capable of delegation, and shall, in any event, be resolved by the delegating body; for these purposes, if it is deemed appropriate to recognise compensation, the file shall be submitted to the delegating body, which, without prior and express approval, shall resolve the matter on the declaration of invalidity as provided for in Article 102.4 of Law No 30/1992 of 26 November.

4. In the case of nullity and nullability, and in connection with the suspension of the execution of the acts of the contracting authorities, the provisions of Law No 30/1992 of 26 November 1992 shall be as laid down.

Article 35. Effects of the declaration of invalidity.

1. The declaration of invalidity of the preparatory acts for the contract or the award, where it is firm, shall in any event lead to the declaration of the same contract, which shall enter into liquidation, the parties having to be returned to the matters which they have received under it and if this is not possible shall be returned to their value. The party who is guilty must indemnify the party against the damages he has suffered.

2. The nullity of acts which are not preparatory will only affect those acts and their consequences.

3. If the administrative declaration of invalidity of a contract has caused a serious disturbance to the public service, the same agreement may be made for the continuation of the effects of the contract and under its same terms, until urgent measures are taken to avoid injury.

Article 36. Causes of invalidity of civil law.

The invalidity of contracts for reasons recognised in civil law, as soon as they apply to the contracts referred to in Article 31, shall be subject to the conditions and time limits for the exercise of the actions laid down in the civil order, but the procedure for enforcing them shall be subject to the provisions laid down in the preceding articles for the acts and administrative contracts which are void.

Section 2. Special Subpositions for Nullity

Article 37. Special cases of contractual invalidity.

1. Contracts subject to harmonised regulation referred to in Articles 13 to 17, inclusive of this Law as well as service contracts falling within categories 17 to 27 of Annex II whose estimated value is equal to or greater than EUR 193,000 shall be void in the following cases:

(a) Where the contract has been awarded without prior compliance with the requirement to publish the contract notice in the Official Journal of the European Union, in cases where it is mandatory, in accordance with Article 142.

(b) Where the period of 15 working days provided for in Article 156.3 has not been respected for the completion of the contract, the following two requirements shall be met:

1. That the tenderer would have been deprived of the possibility of bringing the action under Articles 40 et seq. and,

that reason,

2. In addition, there is a breach of the provisions governing the procedure for the award of contracts which would have prevented it from obtaining this.

(c) Where, despite the application of the special procurement procedure referred to in Articles 40 et seq., the formalisation of the contract is carried out without taking into account the automatic suspension of the act of award in cases where it was brought, and without waiting for the independent body to have delivered a decision on whether or not to suspend the contested act.

(d) In the case of a contract based on an Article 196 framework agreement concluded with several employers who, by their estimated value, must be considered subject to harmonised regulation, if the rules on the award of the second paragraph of Article 198.4 have been breached.

(e) In the case of the award of a specific contract based on a dynamic procurement system in which several employers were admitted, provided that the contract to award is subject to harmonised regulation and the rules laid down in Article 202 on the award of such contracts have been breached.

2. By way of derogation from the above paragraph, the declaration of invalidity referred to in this Article shall not be made in the case of point (a) of the preceding paragraph if the following three circumstances are met together:

(a) In accordance with the criteria of the contracting authority, the contract is included in one of the cases for exemption from publication of the contract notice in the Official Journal of the European Union provided for in this Law.

(b) The contracting authority shall publish in the Official Journal of the European Union an announcement of the voluntary prior transparency in which its intention to conclude the contract is expressed and containing the following:

-Identification of the contracting authority.

-Description of the purpose of the contract.

-Justification of the decision to award the contract without the publication requirement of Article 142.

-Identification of the contract contractor.

-Any other information the contracting authority considers relevant.

(c) The contract has not been refined until ten working days after the date of publication of the notice.

3. The declaration of invalidity referred to in this Article in the cases referred to in points (d) and (e) shall not apply if the following two conditions are met:

(a) That the contracting authority has notified all the tenderers concerned of the award of the contract and, if they so request, the reasons for the rejection of its application or its proposal and the characteristics of the proposal of the successful tenderer which were decisive for the award, without prejudice to the provisions of Article 153 as regards the data for which the communication was not appropriate.

(b) The contract would not have been improved until 15 working days from the date of the referral of the notification to the tenderers concerned.

Article 38. Legal consequences of the declaration of nullity in the assumptions of the previous article.

1. The declaration of invalidity for the reasons provided for in the preceding article shall produce the effects set out in Article 35.1 of this Law.

2. The body responsible for declaring a declaration of invalidity, however, may not declare it and agree to maintain the effects of the contract if, in the light of the exceptional circumstances in which it is present, it considers that there are overriding reasons of general interest which require it.

Only economic interests shall be deemed to constitute the overriding reasons referred to in the first subparagraph of this paragraph in exceptional cases where the declaration of invalidity of the contract results in disproportionate consequences.

In addition, the economic interests directly linked to the contract in question, such as the costs resulting from the delay in the performance of the contract, the call for a new procurement procedure, the change of the economic operator to be executed by the contract or the legal obligations arising from the nullity, shall not be considered to constitute overriding reasons of general interest.

The decision on the maintenance of the effects of the contract should be published in the contracting profile provided for in Article 53 of this Law.

3. In the case provided for in the preceding paragraph, the declaration of invalidity shall be replaced by one of the following alternative sanctions:

(a) The imposition of fines on the contracting authority for an amount which may not be less than 5 per 100 or exceed 20 per 100 of the contract award price. In the case of contracting authorities whose recruitment is carried out through different contracting authorities, the alternative sanction shall be on the budget of the department, department or body concerned which has awarded the contract.

In order to determine the amount in the imposition of the fines, the competent body shall take into account the reiteration, the percentage of the contract that has been executed or the damage caused to the public interest or, where appropriate, the tenderer, in such a way that they are effective, proportionate and dissuasive.

b) The proportionate reduction in the duration of the contract. In this case, the competent body shall take into account the reiteration, the percentage of the contract which has been executed or the damage caused to the public interest or, where appropriate, the tenderer. It shall also determine the compensation to the contractor for the loss of profit arising from the temporary reduction of the contract, provided that the offence which gives rise to the alternative sanction is not attributable to him.

4. The provisions of all the foregoing paragraphs shall be without prejudice to the disciplinary penalties to be imposed on the person responsible for the legal offences.

Article 39. Interposition of the question of nullity.

1. The question of invalidity, in the cases referred to in Article 37.1, shall be before the body provided for in Article 41, which shall be competent to deal with the proceedings and to resolve it.

2. It may raise the question of invalidity, in such cases, any natural or legal person whose legitimate rights or interests have been harmed or may be affected by the grounds for invalidity of Article 37. The competent authority may, however, admit it where the person concerned has brought special action under Articles 40 et seq. on the same act having respected the contracting authority for the suspension of the contested act and the judgment given.

3. The period for the interposition of the question of invalidity shall be 30 working days:

(a) Since the publication of the award of the contract in the form provided for in Article 154.2, including the reasons for the non-publication of the invitation to tender in the Official Journal of the European Union,

b) or from the notification of the tenderers concerned, the reasons for the rejection of his application or his proposal and the characteristics of the proposal of the successful tenderer which were the determining factors of the award in his favour, without prejudice to the provisions of Article 153 as regards the data for which the communication was not appropriate.

4. Outside the cases provided for in the previous paragraph, the question of invalidity must be brought before the end of six months after the contract has been concluded.

5. The question of invalidity shall be dealt with in accordance with the provisions of Articles 44 and following with the following provisos:

(a) The provisions of Article 44.1 shall not apply in respect of the requirement to announce the interposition of the appeal.

b) The interposition of the question of nullity shall not produce suspensory effects of any kind on its own.

(c) The period laid down in the second paragraph of Article 43.2 and in 46.3 for the contracting authority to make claims in relation to the application for precautionary measures shall be raised to seven working days.

(d) The time limit laid down in Article 46.2 for the referral of the file by the contracting authority, together with the relevant report, shall be seven working days.

e) In the resolution of the question of nullity, the body responsible for giving it must also decide on the origin of the application of the alternative sanctions if the contracting authority has requested it in the report to accompany the referral of the administrative file.

(f) Where the contracting authority has not requested it in the manner set out in the preceding subparagraph, it may do so in the process of enforcement of the decision. In such a case, the competent body shall, after a five-day hearing before the parties in the proceedings, decide whether or not to apply the alternative sanction applied for within five days of the preceding period. Against this resolution, it will be possible to bring an action on the same terms as the decisions given on the merits.

CHAPTER VI

Special arrangements for review of decisions on recruitment and alternative means of conflict resolution

Article 40. Special action in the field of procurement: Action to be taken.

1. The acts referred to in paragraph 2 of this Article shall be subject to special appeal in respect of recruitment prior to the interposition of the administrative-administrative dispute, where they relate to the following types of contracts intended to be concluded by the public authorities and entities holding the status of contracting authorities:

(a) Contracts of works, concession of public works, supply, services, collaboration between the Public Sector and the Private Sector and framework agreements, subject to harmonised regulation.

(b) Service contracts falling within categories 17 to 27 of Annex II to this Act whose estimated value is equal to or greater than EUR 193,000 and

c) public service management contracts in which the budget for first-establishment expenditure, excluding the amount of the value added tax, is greater than EUR 500 000 and the duration of the term of more than five years.

The subsidised contracts referred to in Article 17 shall also be subject to this review.

2. The following acts may be the subject of the

:

(a) Tender notices, documents and contract documents setting out the conditions to be applied for the procurement.

(b) The acts of procedure adopted in the award procedure, provided that they decide directly or indirectly on the award, determine the impossibility of continuing the procedure or produce defenseless or irreparable damage to legitimate rights or interests. Acts of procedure which determine the impossibility of continuing the procedure shall be considered as acts of the Contracting Bureau for which the exclusion of tenderers is agreed.

(c) The award agreements adopted by the contracting authorities.

However, the acts of the contracting authorities in respect of the contractual amendments not provided for in the contract documents which, in accordance with Articles 105 to 107, are not subject to contractual amendments, shall not be subject to special recourse in respect of contracts, whether they agree or not to the resolution and the conclusion of a new invitation to tender.

3. A defect in proceedings which affects acts other than those referred to in paragraph 2 may be brought to the attention of the persons concerned by the body to which the instruction in the file or the contracting authority corresponds, for the purposes of its correction, and without prejudice to the fact that the irregularities affecting them may be alleged by the persons concerned when the act of award is made.

4. This appeal shall not be given in respect of the award procedures which are followed by the emergency procedure laid down in Article 113 of this Law.

5. The interposition of ordinary administrative resources shall not proceed against the acts listed in this Article, except for the exception provided for in the following with regard to the Autonomous Communities.

The acts that are given in the procedures for the award of administrative contracts that do not meet the requirements of paragraph 1, may be the subject of an appeal in accordance with the provisions of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, and of Law 29/1998, of July 13, Regulatory of the Jurisdiction-Administrative Jurisdiction.

6. The special action referred to in this Article and the following shall be of a potential nature.

Article 41. Body responsible for the resolution of the appeal.

1. In the field of the General Administration of the State, the knowledge and resolution of the resources referred to in the previous Article shall be entrusted to a specialised body which shall act with full functional independence in the exercise of its powers. This Court shall also be aware of the special resources raised in accordance with the previous Article against the acts of the competent bodies of the General Council of the Judiciary, the Constitutional Court and the Court of Auditors.

To this effect, the Central Administrative Court of Contractual Resources will be created, which will be attached to the Ministry of Economy and Finance and composed of a president and a minimum of two vowels. The number of members of the Court may be increased by way of regulation where the volume of cases brought to their attention is recommended.

The career officials of bodies and scales to whom access is granted with a degree of degree or degree and who have performed their professional activity for more than 15 years, preferably in the field of Administrative Law directly related to public procurement, may be appointed as the voice of this Court.

The President of the Court must be a career, body or scale official for whose access the degree of licentiate or degree in law is a necessary requirement and have carried out his professional activity for more than 15 years, preferably in the field of Administrative Law directly related to public procurement.

In the event that the Vocals or the President were appointed among career officials within the scope of Law 7/2007, April 12, of the Basic Staff Regulations, they must belong to bodies or scales classified in Subgroup A1 of Article 76 of the Law.

The appointment of the President and the Vocals of this Court will be carried out by the Council of Ministers on a joint proposal of the Ministers of Economy and Finance and Justice.

The appointees shall have an independent and immovable character, and shall not be removed from their posts but for the following reasons:

a) On expiry of his term of office.

b) By resignation accepted by the government.

c) For loss of Spanish nationality.

d) For gross non-compliance with its obligations.

e) For the purpose of condemning the deprivation of liberty or of absolute or special disablement for employment or public office for the purpose of crime.

f) For an inability to come up for the exercise of its function.

The removal for the reasons set out in points (c), (d), (e) and (f) shall be agreed by the Government on file.

The duration of the appointment made pursuant to this paragraph shall be six years and may not be extended. However, the first renewal of the Court will be partially done within three years of the appointment. In this respect, before the deadline indicated, the members to be terminated shall be determined by lot.

In any case, a vowel shall continue in the performance of his/her duties until he or she takes over the position of the member.

The provisions of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, shall apply to the system of constitution and operation of the Court.

2. The competent bodies of the General Courts shall, where appropriate, establish the body to be known, in their field of recruitment, of the special appeal provided for in this Chapter, in compliance with the conditions of qualification, independence and immobility provided for in this Article.

3. In the field of the Autonomous Communities, as well as in the competent bodies of its Legislative Assemblies and of the autonomous institutions analogous to the Court of Auditors and the Ombudsman, the competence to resolve the resources shall be established by their respective rules, and must be established by an independent body whose holder, or in the case of at least the Chair, has legal and professional qualifications which guarantee an adequate knowledge of the matters to which he is required to know. The appointment of the members of this independent body and the termination of their term of office shall be subject to the authority responsible for their appointment, the duration of their term of office and their revocability to conditions guaranteeing their independence and immobility.

The Autonomous Communities may provide for the interposition of administrative appeal prior to the one referred to in Article 40.

In the latter case, the execution of the contested acts of adjudication shall be suspended until the competent body to resolve it decides on the substance of the question raised. In any event, if the decision is not fully estimated, the suspension shall remain in accordance with the terms laid down in Article 45.

The Autonomous Communities may also be able to attribute jurisdiction to the resolution of appeals to the Special Court set up in paragraph 1 of this Article. To this end, they shall conclude the relevant convention with the General Administration of the State, in which the conditions under which the Community shall bear the costs arising from this assumption of powers shall be concluded.

The Autonomous Cities of Ceuta and Melilla may designate their own independent bodies in accordance with the requirements set out in this paragraph for the organs of the Autonomous Communities, or to attribute the jurisdiction to the Central Administrative Court of Contractual Resources by concluding an agreement in the terms provided for in the preceding paragraph.

4. In the area of Local Corporations, the competition to resolve the resources will be established by the rules of the Autonomous Communities when they have been assigned regulatory and enforcement competence in matters of local regime and contracting.

In the event that there is no express provision in the autonomic legislation, the competition will correspond to the same organ to which the Autonomous Communities in whose territory the Local Corporations are integrated have attributed the competence to resolve the resources of their field.

5. In the case of appeals against acts of contracting authorities which do not have the consideration of public administrations, the authority shall be assigned to the independent body which the authority has in respect of the administration to which the institution responsible for the act is linked.

If the contracting entity is bound by more than one administration, the body responsible for resolving the appeal shall be the body responsible for the jurisdiction in respect of which it holds the majority control or participation and, where all or several of them, have an equal participation, before the body of the appellant from which they are competent in accordance with the rules of this paragraph.

6. In the case of subsidised contracts referred to in the last paragraph of Article 40.1 of this Law, jurisdiction shall be the responsibility of the independent body exercising its functions in respect of the Administration to which the entity or body which has awarded the grant, or to which the entity which granted the grant, is attached, shall be responsible if the latter does not have the status of Public Administration. In the event of a grant of subsidies by different public sector subjects, the competition will be determined on the basis of the higher level of subsidy and, on equal terms, the body before which the appellant decides to bring the action from among those who are competent in accordance with the rules of this paragraph.

Article 42. Legitimisation.

Any natural or legal person whose legitimate rights or interests have been harmed or may be affected by the decisions which are the subject of appeal may be brought to the attention of any natural or legal person.

Article 43. Application for interim measures.

1. Before bringing the special action referred to in this Chapter, natural and legal persons, who are entitled to do so in accordance with the provisions of the foregoing Article, may apply to the competent body for the purpose of resolving the application for interim measures. Such measures shall be aimed at correcting procedural infringements or preventing further damage to the interests concerned, and may be included, including those intended to suspend or to suspend the procedure for the award of the contract in question or the execution of any decision taken by the contracting authorities.

2. The body responsible for resolving the appeal shall take a reasoned decision on the provisional measures within five working days of the submission of the written request.

For these purposes, the decision-making body, on the same day as the request for the interim measure is received, shall inform the contracting authority, which shall have a period of two working days, in order to present the arguments it considers appropriate to the adoption of the measures requested or to the proposals by the decision-making body itself. If no claims are made after this period, the procedure shall be continued.

If the appeal has been lodged before the decision has been taken, the decision-making body shall accumulate the application for interim measures and shall decide on them in the manner provided for in Article 46.

Against the decisions given in this procedure, no recourse shall be made, without prejudice to those decisions which are taken in the main proceedings.

3. Where the adoption of the provisional measures may result in prejudice of any nature, the decision may impose the provision or guarantee sufficient to respond to them, without having any effect until such a course or guarantee is lodged.

The amount and form of the guarantee will be determined as well as the requirements for the refund.

4. The suspension of the procedure which may be agreed on a precautionary basis shall in no case affect the time allowed for the submission of tenders or proposals by the parties concerned.

5. The provisional measures which are requested and agreed before the presentation of the special appeal in the field of recruitment shall lapse after the time limit laid down for their interposition without the person concerned having deduced it.

Article 44. Initiation of the procedure and period of interposition.

1. Any person who proposes to bring an action against one of the acts referred to in Article 40.1 and 2 must first announce it in writing by specifying the act of the procedure to be the subject of the procedure, which is presented to the contracting authority within the time limit laid down in the following paragraph for the appeal.

2. The appeal procedure shall be initiated in writing, to be lodged within 15 working days from the date following that in which the notification of the contested act is referred to in accordance with the provisions of Article 151.4.

Notwithstanding the above paragraph:

(a) Where the appeal is brought against the contents of the documents and other contractual documents, the computation shall be initiated from the day following that in which they have been received or made available to the tenderers or candidates for their knowledge as provided for in Article 158 of this Law.

(b) Where an action taken in the award procedure or an act resulting from the application of the negotiated procedure is lodged against acts adopted without publicity, the calculation shall start on the day following that in which the possible infringement was known.

(c) Where the contract notice is lodged, the time limit shall begin to be counted from the day following that of publication.

3. The lodging of the written application must necessarily be made in the register of the contracting authority or in the register of the body responsible for the decision of the appeal.

4. The application shall be made on the basis of the appeal, the grounds for the appeal, the means of proof to be sought by the appellant and, where appropriate, the measures of the same nature as those referred to in the previous Article, the adoption of which he requests.

This document will be accompanied by:

(a) The document certifying the representation of the comparicent, except if it appears united to the actions of another pending appeal to the same body, in which case it may be requested that certification be issued for union to the procedure.

(b) The document or documents that demonstrate the legitimacy of the actor when the actor has transmitted it to another by inheritance or by any other title.

(c) The copy or transfer of the express act, or any indication of the file in which it is placed or of the official journal or the contracting profile in which it has been published.

d) The document or documents in which you are entitled.

e) The justification for having complied with the provisions of paragraph 1 of this Article. Without this justification, no action shall be taken in writing, although its omission may be remedied in accordance with the provisions set out in the following paragraph.

5. In order to remedy any defects which may affect the appeal, the person concerned shall be required to submit, within three working days, the absence or accompanying of the documents required, with the indication that, if he does not do so, he shall be given the withdrawal of his request, the processing of the file suspended with the effects provided for in Article 42 (5) of Law 30/1992, of 26 November 1992, of the Legal System of Public Administrations and of the Common Administrative Procedure.

Article 45. Effects arising from the interposition of the resource.

Once the appeal has been brought, if the action taken is the act of adjudication, the processing of the procurement file shall be suspended.

Article 46. Processing of the procedure.

1. The procedure for dealing with special procurement resources shall be governed by the provisions of Law No 30/1992 of 26 November 1992, with the specialities set out in the following paragraphs.

2. When the appeal is lodged, the body responsible for resolving it shall notify the contracting authority on the same day of the copy of the document of interposition and shall request the contracting file to the entity, body or service which has dealt with it, who shall forward it within two working days accompanied by the relevant report.

If the appeal had been brought before the contracting authority responsible for the contested act, the latter must forward it to the body responsible for resolving it within two working days of its receipt, together with the administrative file and the report referred to in the preceding paragraph.

3. Within five working days of the appeal, it shall transfer the appeal to the other persons concerned, giving them a period of five working days in order to make representations, and shall, at the same time, decide, within five working days, on the precautionary measures if the application has been made for the adoption of a measure in the application or the cumulation provided for in the third paragraph of Article 43.2. The adoption of these measures shall, in any event, be applicable to the provisions of Article 43 as regards the hearing of the contracting authority. Paragraphs 3 and 4 of that Article shall also apply.

In addition, in this period, it will resolve, if necessary, whether or not the automatic suspension provided for in the previous article should be maintained, in accordance with the current situation, as long as no express resolution is issued, agreeing on the lifting. If the provisional measures have been requested after the appeal has been lodged, the competent body shall decide on them in the terms laid down in the preceding paragraph without suspending the main proceedings.

4. The facts relevant to the decision of the appeal may be furnished by any means of proof admissible in law. Where the persons concerned so request or the body responsible for the decision of the appeal does not have the facts alleged by the parties concerned or the nature of the proceedings so requires, the opening of the trial period may be agreed within 10 working days, in order to enable them to be deemed to be relevant.

The body responsible for the resolution of the appeal may reject the evidence proposed by the parties concerned when they are manifestly improred or unnecessary, by means of a reasoned decision.

The testing practice will be announced in good time to the stakeholders.

5. The body responsible for the resolution of the appeal shall, in any event, ensure the confidentiality and the right to the protection of trade secrets in relation to the information contained in the procurement file, without prejudice to the fact that it may be aware of and take into account such information when it comes to resolving. It shall be for that body to decide on how to ensure the confidentiality and confidentiality of the information contained in the procurement file, without prejudice to the rights of the other parties concerned to the effective legal protection and the right of defence in the proceedings.

Article 47. Resolution.

1. Once the arguments of the parties concerned have been received, or after the period laid down for their formulation, and that of the evidence, where appropriate, the competent body must resolve the action within five working days, the decision being notified to all the parties concerned.

2. The decision of the appeal shall state in whole or in part or dismiss the claims made or declare its inadmissibility, deciding in a reasoned manner how many questions have been raised. In any event, the decision shall be consistent with the request and, if appropriate, shall decide on the annulment of the unlawful decisions taken during the award procedure, including the removal of the discriminatory technical, economic or financial characteristics contained in the notice of invitation to tender, the indicative notice, the specifications, the terms of the contract or any other document relating to the invitation to tender or the award, and, where appropriate, the action retrospection.

If, as a result of the content of the resolution, the contracting authority has to agree to the award of the contract to another tenderer, it shall be granted within 10 working days to complete the provisions of Article 151 (2).

3. Also, at the request of the person concerned and where appropriate, the contracting entity may be required to compensate the person concerned for any damages caused to him by the legal infringement which would have resulted in the appeal.

4. The decision shall also provide for the lifting of the suspension of the act of award if, at the time of its suspension, the suspension of the act is suspended, as well as of the remaining precautionary measures which have been agreed and the return of the guarantees whose constitution would have been required for the effectiveness of the guarantees, if necessary.

5. Where the competent body has an appreciable or bad faith in the appeal or the request for precautionary measures, it may agree to impose a fine on the person responsible for the action. The amount of this amount shall be between EUR 1,000 and EUR 15 000, in the light of the bad faith appreciated and the damage caused to the contracting authority and the other tenderers. The amounts indicated in this section will be updated every two years by Ministerial Order, by application of the Consumer Price Index calculated by the National Statistics Institute.

Article 48. Determination of the compensation.

1. Where appropriate, the compensation referred to in paragraph 3 of the preceding Article shall be determined in accordance with the criteria laid down in Article 141 (2) and (3) of Law No 30/1992 of 26 November 1992.

2. The compensation must be paid to the claimant at least of the costs incurred in the preparation of the tender or the participation in the procurement procedure.

Article 49. Effects of the resolution.

1. Against the judgment given in this procedure, the interposition of a judicial-administrative appeal shall be lodged only in accordance with Article 10 (k) and (l) of paragraph 1 and Article 11 (f) of paragraph 1 of Law 29/1998 of 13 July 1998 on the Regulation of the Administrative-Administrative Jurisdiction.

The revision of the trade governed by Article 34 of this Law and Chapter I of Title VII of Law 30/1992, of November 26, of the resolution or of any of the acts dictated by the organs regulated in Article 41 shall not proceed. Nor shall they be subject to supervision by the internal control bodies of the Administrations to which each of them is assigned.

2. Without prejudice to the provisions of the preceding paragraph, the decision shall be directly enforceable, resulting in application, where appropriate, of the provisions of Article 97 of Law No 30/1992 of 26 November 1992.

Article 50. Arbitration.

The entities, agencies and entities of the public sector that do not have the character of Public Administrations may submit to an arbitration, in accordance with the provisions of Law 60/2003, of December 23, of Arbitration, the solution of the differences that may arise regarding the effects, fulfillment and extinction of the contracts that they celebrate.

TITLE II

Parties to the contract

CHAPTER I

Contracting Authority

Article 51. Competition to hire.

1. The representation of entities, bodies and entities in the public sector in the field of contract matters is for the contracting, unipersonal or collegiate bodies which, by virtue of a statutory or statutory rule or a statutory provision, have the power to conclude contracts on their behalf.

2. The contracting authorities may delegate or de-concentrate their powers and powers in this field in accordance with the rules and formalities applicable in each case for the delegation or deconcentration of powers, in the case of administrative bodies, or for the granting of powers, in the case of a partner or a foundation.

Article 52. Responsible for the contract.

1. Contracting authorities may appoint a contract officer to whom it is responsible to supervise their performance and to take the decisions and to issue the necessary instructions in order to ensure the correct performance of the agreed benefit, within the scope of the powers conferred upon them. The person responsible for the contract may be a natural or legal person, linked to the entity, body or entity which is a contracting entity or entity.

2. In the case of works contracts, the powers of the person responsible for the contract shall be without prejudice to the powers of the Director, as provided for in Chapter V of Title II of Book IV.

Article 53. Contractor profile.

1. In order to ensure transparency and public access to information relating to their contractual activity, and without prejudice to the use of other means of advertising in the cases required by this Law or by the autonomous rules of development or in which it is decided voluntarily, the contracting authorities shall, through the Internet, disseminate their profile as a contractor. The form of access to the contractor profile must be specified in the institutional websites maintained by the public sector entities, in the State Contracting Platform and in the tender documents and notices.

2. The contracting profile may include any data and information concerning the contractual activity of the contracting authority, such as the prior information notices referred to in Article 141, the open or ongoing tenders and the documentation relating to them, the scheduled contracts, the contracts awarded, the cancelled procedures, and any other useful information of a general nature, such as contact points and means of communication which may be used to relate to the contracting authority. In any event, the award of contracts shall be published in the contraaing profile.

3. The computer system that supports the profile of the contractor must have a device that allows to demonstrate the moment of start of the public dissemination of the information that is included in the same.

4. Dissemination through the contractor profile of the information relating to the procedures for the award of contracts shall have the effects provided for in Title I of Book III.

CHAPTER II

Business capacity and solvency

Section 1. Attitude to engage with the public sector

Subsection 1. General Rules

Article 54. Fitness conditions.

1. Only natural or legal persons, Spanish or foreign, who have full capacity to act, are not involved in a prohibition on hiring, and credit their economic, financial and technical or professional solvency, or, in cases where this Law so requires, are duly classified.

2. Employers must also have the business or professional qualification which, where appropriate, is required for the performance of the activity or benefit which is the subject of the contract.

3. In the case of the subsidised contracts referred to in Article 17 of this Law, the contractor must prove that he is creditworthy and shall not be in breach of the prohibition on hiring referred to in Article 60 (1) (a).

Article 55. Non-Community enterprises.

1. The natural or legal persons of non-European Union States shall justify by report of the respective Spanish Permanent Diplomatic Mission, which shall be accompanied by the documentation presented, that the State of origin of the foreign company in turn admits the participation of Spanish companies in the procurement with the Administration and with the public sector entities or entities that are similar to those listed in Article 3, in a substantially analogous manner. In the case of contracts subject to harmonised regulation, the report on reciprocity shall be dispensed with in relation to the companies of States Parties to the Agreement on Public Procurement of the World Trade Organisation.

2. In order to conclude works contracts, it will also be necessary for these companies to have an open branch in Spain, with the designation of proxies or representatives for their operations, and which are registered in the Commercial Registry.

Article 56. Special conditions of compatibility.

1. Without prejudice to the provisions relating to the award of contracts through a competitive dialogue procedure, undertakings which have been involved in the preparation of the technical specifications or the preparatory documents for the contract may not be awarded, provided that such participation is likely to lead to restrictions on the free competition or to a privileged treatment with respect to the other legal undertakings.

2. Contracts for the supervision, supervision, control and management of the execution of works and installations shall not be awarded to the same undertakings awarded for the relevant works contracts or to the undertakings to which they are connected, in the understanding that they are in any of the cases referred to in Article 42 of the Trade Code.

Subsection 2. Special Rules on Capacity

Article 57. Legal persons.

1. Legal persons may be awarded only contracts whose benefits are within the purpose, object or field of activity which, in accordance with their founding rules or rules, are of their own.

2. Those who participate individually or jointly with others to the invitation to tender for a public works concession may do so with the commitment to constitute a company which shall be the holder of the concession. The constitution and, where appropriate, the form of the company must conform to what it establishes for certain types of concessions, the corresponding specific legislation.

Article 58. Community enterprises.

1. They shall have the capacity to contract with the public sector, in any case, the non-Spanish companies of Member States of the European Union which, in accordance with the law of the State in which they are established, are entitled to perform the benefit in question.

2. Where the legislation of the State in which these undertakings are established requires special authorisation or membership of a particular organisation in order to be able to provide the service concerned, they shall prove that they fulfil this requirement.

Article 59. Employers ' unions.

1. The public sector may contract with the public sector the unions of employers who are temporarily set up for this purpose, without the need to formalise them in public deed until the award of the contract has been carried out in their favour.

2. Employers who are grouped together in temporary unions shall be jointly and severally obliged to appoint a representative or sole representative of the union with sufficient powers to exercise the rights and to fulfil the obligations under the contract until the termination of the contract, without prejudice to the existence of joint powers which may be granted for charges and payments of a significant amount.

For the purposes of the invitation to tender, employers who wish to participate in a temporary union shall indicate the names and circumstances of those who constitute it and the participation of each other, as well as assume the commitment to formally constitute a temporary union in the event of successful contract awards.

3. The duration of the temporary unions of employers will be matched with that of the contract until its extinction.

4. In cases where the classification is required and the national employers ' union is required, foreign nationals who are not nationals of a Member State of the European Union and foreigners who are nationals of a Member State of the European Union, those belonging to the first two groups shall be required to certify their classification, and the latter their economic, financial and technical or professional solvency.

Subsection 3. Number Bans to Hire

Article 60. Bans on hiring.

1. Persons in whom one or more of the following circumstances may not contract with the public sector:

(a) Haber has been sentenced by a firm sentence for crimes of illegal association, corruption in international economic transactions, influence peddling, bribery, fraud and illegal charges, crimes against the Public Finance and Social Security, crimes against workers ' rights, embezzlement and reception and related conduct, crimes related to the protection of the environment, or to the penalty of special disablement for the exercise of profession, trade, industry or commerce. The prohibition of hiring reaches legal persons whose administrators or representatives, in force their position or representation, are in the situation mentioned by actions carried out in the name or for the benefit of those legal persons, or in which the conditions, qualities or relationships that require the corresponding figure of crime to be the active subject of the same are met.

b) To have requested the declaration of a voluntary contest, to have been declared insolvent in any procedure, to be declared in contest, except that in this one has acquired the effectiveness an agreement, to be subject to judicial intervention or to have been disabled according to the Law 22/2003, of July 9, Consolence, without the end of the period of disablement fixed in the judgment of qualification of the contest.

(c) Have been sanctioned on a firm basis for serious infringement in the field of market discipline, in professional matters or in the field of labour integration and equal opportunities and non-discrimination of persons with disabilities, or for very serious infringement in the field of social matters, including infringements in the field of occupational risk prevention, in accordance with the provisions of the recast of the Law on Infractions and Sanctions in the Social Order, adopted by Royal Decree-Law 5/2000 of 4 August, as well as the serious infringement provided for in the Article 22.2 thereof, or for a very serious environmental violation, in accordance with the provisions of the Royal Legislative Decree 1/2008, of 11 January, approving the recast of the Environmental Impact Assessment of Projects Law; Law 22/1988 of 28 July 1988 on Costs; Law 4/1989 of 27 March on the Conservation of Natural Spaces and of Wild Fauna and Flora; Law 11/1997 of 24 April on Packaging and Waste of Envases; in Law 10/1998 of 21 April of Waste; in the Recast Text of the Water Law, approved by the Royal Legislative Decree 1/2001, July 20, and Law 16/2002, July 1, of Integrated Pollution Prevention and Control

(d) Not to be current in compliance with the tax or social security obligations imposed by the provisions in force, in the terms that are regulated.

(e) Haber is a misrepresentation when making the responsible declaration referred to in Article 146.1.c) or by providing any other data relating to its capacity and solvency, or having failed, on account to be imputable, to communicate the information provided for in Article 70.4 and Article 330.

(f) The natural person or the administrators of the legal person are incurred in any of the cases of Law 5/2006, of April 10, of Regulation of the Conflicts of Interests of the Members of the Government and of the High Charges of the General Administration of the State, of Law 53/1984, of December 26, of Incompatibilities of the Personnel to the Service of the Public Administrations or to be dealt with any of the elective offices regulated in the Law of the General Electoral System 5/1985, of June 19, in the terms established in it.

The prohibition will reach legal persons in whose capital they participate, in the terms and amounts established in the aforementioned legislation, the staff and senior officials of any public administration, as well as the elected positions at the service of the same.

The prohibition also extends, in both cases, to the spouses, persons associated with analogous relationship of affective coexistence and descendants of the persons referred to in the preceding paragraphs, provided that, in respect of the latter, these persons have their legal representation.

(g) Haber hired persons in respect of which the non-compliance referred to in Article 18.6 of Law 5/2006, of 10 April, of Regulation of the Conflicts of Interests of the Members of the Government and of the High Charges of the General Administration of the State, has been published in the "Official Gazette of the State", for having spent services in private companies or companies directly related to the powers of the position held during the two years following the date of termination of the charge. The ban on hiring will be maintained for as long as it remains within the organization of the company the person contracted with the maximum limit of two years to count from the cessation as high office.

2. In addition to those provided for in the previous paragraph, they are circumstances that will prevent employers from hiring the following public administrations:

(a) To have given place, for cause of which they have been found guilty, to the firm resolution of any contract concluded with a Public Administration.

b) Haber violated a ban to contract with any of the public administrations.

c) Be 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, of December 17, General Tax.

(d) You have improperly withdrawn your proposal or candidacy in an award procedure, or have made it impossible to award the contract in your favor for failure to complete the provisions of Article 151.2 within the prescribed time limit by mediating, guilt or negligence.

e) Haber has failed to fulfil the special conditions of performance of the contract established in accordance with the provisions of Article 118, where such failure 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 shall be the fault or negligence of the employer.

3. The prohibitions on hiring shall also affect those undertakings which, by reason of the persons who govern them or in other circumstances, may be presumed to be a continuation or a result of a change, merger or succession of other undertakings in which they have been engaged.

Article 61. Declaration of the concurrency of prohibitions of hiring and effects.

1. The prohibitions on contracts contained in points (b), (d), (f) and (g) of paragraph 1 of the preceding Article, and (c) of paragraph 2, shall be assessed directly by the contracting authorities, while the circumstances in each case are determined by the contracting authorities.

The prohibition on contracting for the cause provided for in paragraph 1 (a) of the previous Article shall be directly assessed by the contracting authorities, provided that the judgment is given as to its scope and duration, in the alternative during the period prescribed therein. Where the judgment does not contain a statement on the prohibition on hiring or its duration, the prohibition shall be directly assessed by the contracting authorities, but their scope and duration shall be determined by means of a procedure instructed in accordance with paragraphs 2 and 3 of this Article.

In the other assumptions provided for in the previous article, the assessment of the concurrency of the prohibition of hiring will require the prior declaration of its existence by means of the procedure to the effect.

2. In cases where, as referred to in the preceding paragraph, a prior declaration on the concurrency of the prohibition is necessary, the scope and duration of the prohibition shall be determined in accordance with the procedure laid down in the rules for the development of this Law, in order, where appropriate, to the existence of the existence of dolo or manifest bad faith in the employer and the entity of the damage caused to the public interest. The duration of the prohibition shall not exceed five years, in general, or eight years in the case of prohibitions which result in the existence of a conviction by a final judgment. However, the prohibitions on hiring based on the cause referred to in paragraph 2 (d) of the previous Article shall, in any event, remain within two years from their entry in the Official Register of Tenders and Classified Enterprises, and those imposed for the reason provided for in point (e) of the same paragraph may not exceed one year.

The declaration procedure cannot be started if more than three years have elapsed from the following dates:

(a) From the firmness of the sanctioning resolution, in the case of the cause provided for in paragraph 1 (c) of the preceding article;

(b) from the date on which the false data were provided or from the date on which the relevant information was due to be communicated, in the cases referred to in point (e) of paragraph 1 of the previous Article;

(c) from the date on which the termination of the contract was signed, in the case referred to in paragraph 2 (a) of the preceding article;

(d) from the date of the formalisation of the contract, in the case provided for in point (b) of paragraph 2 of the previous article;

e) In the cases referred to in point (d) of paragraph 2 of the previous Article, from the date on which the award of the contract was made, if the cause is the undue withdrawal of proposals or applications; or from the date on which the award was due, if the prohibition is based on the non-compliance with the provisions of Article 151.2.

In the case of point (a) of paragraph 1 of the previous Article, the procedure, if necessary, may not be initiated after the period laid down for the prescription of the relevant penalty, and in the case of point (e) of paragraph 2, if more than three months have elapsed since the failure to comply.

3. The jurisdiction to determine the duration and scope of the prohibition on hiring in the case of point (a) of paragraph 1 of the previous article, as well as to declare the prohibition on hiring in the case referred to in point (c) of the same paragraph, shall be the responsibility of the Minister of Economy and Finance, who shall make a decision on the proposal of the Advisory Board of Administrative Contracting of the State. The ban thus declared will prevent contracting with any contracting authority.

In the case referred to in point (e) of paragraph 1 of the preceding Article, the declaration of the prohibition shall be the responsibility of the Administration or entity to which the relevant information is to be communicated; in the cases referred to in points (a), (d) and (e) of paragraph 2, to the Contracting Administration; and in the case of point (b) of this paragraph, to the Administration which has declared the prohibition. In such cases, the prohibition shall affect the contracting with the public sector authority or entity competent for its declaration, without prejudice to the fact that the Minister of Economy and Finance, after communication of those and with the audience of the affected businessman, considering the damage caused to the public interest, can extend its effects to the contracting with any organ, entity, body or entity of the public sector.

4. The effectiveness of the prohibitions on hiring referred to in points (c) and (e) of paragraph 1 of the previous article, as well as those laid down in paragraph 2, shall be conditional on their registration or constancy in the Official Register of Tenderers And Classified Undertakings. Similarly, the effectiveness of the decision determining the scope and duration of the prohibition on hiring arising from the cause referred to in paragraph 1 (a) of the preceding Article shall be conditional upon registration.

5. For the purposes of this Article, the competent authorities and bodies shall notify the Advisory Board of Administrative Contracting of the State and the competent bodies of the Autonomous Communities, the penalties and final decisions taken in the procedures referred to in the preceding Article, and the commission of the facts referred to in point (e) of paragraph 1 and points (b), (d) and (e) of paragraph 2 thereof, so that the dossiers provided for in this Article may be instructed or the relevant resolutions adopted and, where appropriate, their registration in the Official Register of Tenderers And Classified Enterprises which is appropriate. The Advisory Board of Administrative Contracting of the State may also obtain from these authorities and bodies all data and records necessary for the same purposes.

Subsection 4. Th Solvency

Article 62. Solvency requirement.

1. In order to conclude contracts with the public sector, employers must prove to be in possession of the minimum conditions of economic and financial and professional solvency or technical conditions to be determined by the contracting authority. This requirement shall be replaced by that of the classification, where it is enforceable in accordance with the provisions of this Law.

2. The minimum solvency requirements to be met by the employer and the documentation required to credit them shall be indicated in the contract notice and shall be specified in the contract documents, and shall be linked to and proportional to the contract.

Article 63. Integration of solvency with external means.

In order to establish the solvency required to conclude a particular contract, the employer may rely on the solvency and means of other entities, regardless of the legal nature of the links with them, provided that he or she demonstrates that, for the performance of the contract, he or she actually has those means.

Article 64. Completion of the solvency conditions.

1. In the case of service and works contracts, as well as supply contracts which include services or work on placement and installation, legal persons may be required to specify, in the tender or in the request for participation, the names and professional qualifications of the staff responsible for carrying out the benefit.

2. The contracting authorities may require candidates or tenderers to record in the documents, in addition to certifying their solvency or, where appropriate, classification, they undertake to dedicate or assign to the performance of the contract the personal or material resources sufficient to do so. These commitments shall be included in the contract, the contract documents or the contractual document, the nature of the obligations essential for the purposes referred to in Article 223.f), or the establishment of penalties, as referred to in Article 212.1, in the event that they are not met by the successful tenderer.

Subsection 5. Business Classification

Article 65. Requirement for classification.

1. In order to contract with the public authorities the execution of works contracts whose estimated value is equal to or greater than 350,000 euros, or of service contracts whose estimated value is equal to or greater than 120,000 euros, it will be essential that the employer be duly classified. However, classification shall not be necessary for the conclusion of service contracts falling within categories 6, 8, 21, 26 and 27 of Annex II.

In the event that a part of the benefit under the contract has to be carried out by specialized companies that have a certain professional qualification or authorization, the classification in the group corresponding to that specialization, if required, may be met by the employer's commitment to subcontract the execution of this portion with other entrepreneurs who have the necessary qualification and, where appropriate, classification as necessary, provided that the amount of the part that must be executed by them does not exceed 50 per 100 of the price of the contract.

2. The classification shall also be payable to the transferee of a contract in the case where the transferor was required.

3. Royal Decree may exempt the need for classification for certain types of works and service contracts in which this requirement is due or to agree on its requirement for the types of works and services contracts in which it is not, taking into account the special circumstances involved in them.

4. Where no undertaking has been classified in a procedure for the award of a contract for which classification is required, the contracting authority may exclude the need to comply with this requirement in the following procedure for the award of the same contract, specifying in the contract documents and in the notice, where appropriate, the means of accreditation of the solvency to be used from those specified in Articles 75, 76 and 78.

5. Public sector entities which do not have the status of public administration may require a certain classification from tenderers in order to define the solvency conditions required to conclude the relevant contract.

Article 66. Exemption from the requirement of classification.

1. The classification of non-Spanish entrepreneurs from Member States of the European Union shall not be required, either in isolation or in an integrated contract, without prejudice to the obligation to credit their solvency.

2. Exceptionally, when it is appropriate for the public interest, the contracting of the General Administration of the State and the entities and entities of the State which are dependent on persons who are not classified may be authorized by the Council of Ministers, prior to the report of the Advisory Board of Administrative Contracting of the State. In the field of the Autonomous Communities, the authorization shall be granted by the bodies designated by them as competent.

Article 67. Applicable criteria and conditions for classification.

1. The classification of undertakings shall be carried out on the basis of their solvency, as assessed in accordance with Articles 75, 76 and 78, and shall determine the contracts to which they may be awarded, on the basis of their subject-matter and their value. For these purposes, contracts shall be divided into general groups and sub-groups, by their particular nature, and within these categories, depending on their size.

The expression of the amount shall be made by reference to the full value of the contract, where the duration of the contract is equal to or less than one year, and by reference to the average annual value of the contract, in the case of contracts of higher duration.

2. In order to proceed to the classification it will be necessary for the employer to credit his personality and ability to act, as well as that he is legally entitled to carry out the corresponding activity, for having the corresponding authorizations or business or professional qualifications and to gather the requirements of collegial or inscription or other similar ones that may be necessary, and that it is not incourted in prohibitions of hiring.

3. In the case of legal persons belonging to a group of companies, and for the purposes of assessing their economic, financial, technical or professional solvency, they may be taken into account in companies belonging to the group, provided that the legal person in question establishes that it will have, within the period referred to in Article 70.2, the means of those companies necessary for the performance of the contracts.

4. The classification of undertakings from which, in the light of persons governed by them or other circumstances, may be presumed to be a continuation or a result of a change, merger or succession, of other undertakings affected by a prohibition on hiring, shall be refused.

5. For the purposes of assessing and assessing the concurrency of the classification requirement, in respect of the employers who are grouped in the case of Article 59, the cumulative characteristics of each of them, expressed in their respective classifications, shall be taken into account in the manner that they are regulated. In any event, it will be necessary to ensure that all undertakings have previously obtained the classification as a works or service undertaking in relation to the contract to which they choose, without prejudice to the conditions laid down for non-Spanish employers of the Member States of the European Union in Article 59 (4).

Article 68. Competition for classification.

1. The agreements concerning the classification of enterprises shall be adopted, with general effectiveness in relation to all contracting authorities, by the Classifying Commissions of the Advisory Board of Administrative Contracting of the State. These agreements may be the subject of an appeal to the Minister for Economic Affairs and Finance.

2. The competent bodies of the Autonomous Communities may take decisions on the classification of undertakings which shall be effective only for the purpose of contracting with the Autonomous Community which has adopted them, with the local entities within its territorial scope, and with the public sector entities and entities which are dependent on one another. In the adoption of these agreements, the rules and criteria laid down in this Law and its development provisions must be respected.

Article 69. Registration registration of the classification.

Agreements relating to the classification of undertakings shall be entered in the Official Register of Tenderers And Classified Undertakings, which corresponds to the body which has adopted them.

Article 70. Term of validity and revision of the classifications.

1. The classification of undertakings shall have an indefinite effect as long as the employer maintains the conditions and circumstances in which his concession was based.

2. However, and without prejudice to paragraph 3 of this Article and in the following Article, the maintenance of the economic and financial solvency and, every three years, the maintenance of technical and professional solvency shall be justified on an annual basis for the conservation of the classification, to the effect of which the employer shall provide the relevant updated documentation on the terms to be established.

3. The classification shall be reviewable at the request of the persons concerned or of trade by the Administration as soon as the circumstances taken into consideration vary.

4. 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 be reviewed. The omission of this communication will make the employer liable for the prohibition on the contract provided for in Article 60 (1) (e).

Article 71. Checking the elements of the classification

The competent classification bodies may at any time request the classified or pending classification of the documents they deem necessary to verify the statements and facts expressed by them in the files they carry out, as well as to request a report from any public administration body on these matters.

Section 2. Accrediting aptitude for hiring

Subsection

.

Article 72. Accreditation of the ability to work

1. The capacity to act of employers who are legal persons shall be credited by writing or document of incorporation, by the statutes or by the founding act, in which they are established by the rules governing their activity, duly registered, where appropriate, in the corresponding public register, according to the type of legal person concerned.

2. The ability to act for non-Spanish entrepreneurs who are nationals of Member States of the European Union shall be credited for their registration in the register of the State where they are established, or through the submission of an affidavit or a certificate, in the terms that are established, in accordance with the Community rules of application.

3. Other foreign businessmen must prove their capacity to act with a report from the Permanent Diplomatic Mission of Spain in the corresponding State or the Consular Office in whose territorial scope the company's domicile is located.

Subsection 2. 3rd Hiring Bans

Article 73. Proof of non-concurrence of a contract ban

1. The proof, on the part of the businessmen, of not being incourses in prohibitions to hire can be carried out by judicial testimony or administrative certification, according to the cases. Where such a document cannot be issued by the competent authority, it may be replaced by a responsible declaration issued to an administrative authority, a public notary or a qualified professional body.

2. In the case of companies from Member States of the European Union and this possibility is provided for in the legislation of the respective State, it may also be replaced by a responsible declaration issued to a judicial authority.

Subsection 3. Solvency

Article 74. Means of crediting solvency.

1. Economic and financial and technical or professional solvency shall be credited by the provision of the documents to be determined by the contracting authority from among those provided for in Articles 75 to 79.

2. The classification of the employer shall credit his solvency for the conclusion of contracts of the same type as those for which he has been awarded and for the conclusion of which it is not required to be in possession of such contracts.

3. Entities, bodies and entities in the public sector which do not have the status of Public Administrations may accept other means of proof of solvency other than those provided for in Articles 75 to 79 for contracts which are not subject to harmonised regulation.

Article 75. Economic and financial solvency.

1. The economic and financial solvency of the employer may be credited by one or more of the following

:

(a) Appropriate declarations of financial institutions or, where appropriate, supporting evidence of the existence of professional risk indemnity insurance.

(b) The annual accounts presented in the Trade Register or in the corresponding official register. Employers who are not required to present accounts in official records may, as an alternative means of accreditation, provide duly legalized accounting records.

(c) Statement on the overall turnover and, where appropriate, the turnover in the field of business relating to the subject-matter of the contract, 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, in so far as the references of such turnover are available.

2. If, for a justified reason, the employer is not in a position to present the requested references, he shall be authorised to credit his economic and financial solvency by means of any other document deemed appropriate by the contracting authority.

Article 76. Technical solvency in the works contracts.

In the works contracts, the technical solvency of the employer may be credited by one or more of the following means:

(a) Relation of works carried out in the last five years, endorsed by certificates of good execution for the most important works; these certificates shall indicate the amount, dates and place of execution of the works and shall be specified if they were carried out in accordance with the rules governing the profession and were normally carried out to a good end; where appropriate, those certificates shall be communicated directly to the contracting authority by the competent authority.

(b) Statement indicating the technical or technical units, whether or not they are integrated in the undertaking, of which it is available for the execution of the works, in particular those responsible for quality control, together with the relevant supporting documents.

(c) Academic and professional titles of the employer and the directors of the company, and in particular of the person responsible or responsible for the works.

(d) In appropriate cases, an indication of the environmental management measures that the employer may apply when the contract is executed.

e) Statement on the company's annual average workforce and the importance of its management staff over the last three years, accompanied by the relevant supporting documentation.

(f) Declaration indicating the machinery, equipment and technical equipment to be used for the execution of the works, to which the relevant supporting documentation shall be attached.

Article 77. Technical solvency in supply contracts.

1. In the supply contracts, the technical solvency of the employer shall be credited to one or more of the following means:

(a) Relation of the main supplies made during the last three years, indicating their amount, dates and public or private recipients of the supplies. Supplies shall be certified by certificates issued or issued by the competent body, where the consignee is a public sector entity or where the consignee is a private purchaser, by means of a certificate issued by the public sector or, in the absence of such a certificate, by a declaration by the employer.

(b) Indication of technical personnel or technical units, whether integrated or not, of which the contract is to be carried out, in particular those responsible for quality control.

c) Description of the technical facilities, of the measures employed to ensure the quality and the means of study and research of the company.

(d) the control carried out by the contracting public sector entity or, on its behalf, by a competent official body of the State in which the employer is established, provided that the employer's agreement is measured, when the products to be supplied are complex or where, exceptionally, they must respond to a particular purpose. This control will cover the production capacity of the employer and, if necessary, the means of study and research to which it counts, as well as the measures employed to control quality.

(e) Samples, descriptions and photographs of the products to be supplied, the authenticity of which can be certified at the request of the contracting public sector entity.

(f) Certificates issued by the official institutes or services responsible for quality control, of recognised competence, attesting to the conformity of products perfectly detailed by reference to certain specifications or standards.

2. In the case of supply contracts which require placement or installation, the provision of services or the execution of works, the ability of economic operators to provide such services or to carry out such installation or works may be assessed taking into account in particular their technical knowledge, efficiency, experience and reliability.

Article 78. Technical or professional solvency in service contracts

In service contracts, the technical or professional solvency of employers must be assessed in the light of their technical knowledge, efficiency, experience and reliability, which may, according to the subject-matter of the contract, be established by one or more of the following means:

(a) A relationship of the principal services or works carried out in the last three years including amount, dates and the recipient, public or private, of the same. The services or works carried out shall be accredited by certificates issued or endorsed by the competent body, where the consignee is a public sector entity; where the consignee is a private subject, by means of a certificate issued by the public sector or, in the absence of such a certificate, by means of a declaration by the employer; where appropriate, these certificates shall be communicated directly to the contracting authority by the competent authority.

(b) Indication of technical personnel or technical units, whether integrated or not in the company, participants in the contract, especially those responsible for quality control.

c) Description of the technical facilities, of the measures employed by the employer to ensure the quality and the means of study and research of the company.

(d) In the case of complex services or work, or where, exceptionally, they are required to respond to a special purpose, a check carried out by the contracting authority or, on behalf of the contracting authority, by an official or approved body competent in the State in which the employer is established, provided that the employer is in agreement. The control shall be based on the technical capacity of the employer and, if necessary, on the means of study and research available to him and on the quality control measures.

(e) the academic and professional qualifications of the employer and the management staff of the undertaking and, in particular, the staff responsible for the performance of the contract.

(f) In appropriate cases, indication of the environmental management measures that the employer may apply when the contract is executed.

g) Statement on the company's annual average workforce and the importance of its management staff over the last three years, accompanied by the relevant supporting documentation.

(h) Declaration indicating the machinery, equipment and technical equipment to be available for the execution of the works or services, to which the relevant supporting documentation shall be attached.

i) Indication of the part of the contract that the employer has for the purpose of subcontracting.

Article 79. Technical or professional solvency in the remaining contracts

The accreditation of professional or technical solvency in contracts other than works, services or supply may be credited for the documents and means indicated in the previous article.

Article 80. Accreditation of compliance with quality assurance standards

1. In contracts subject to harmonised regulation, where the contracting authorities require the presentation of certificates issued by independent bodies attesting that the employer complies with certain quality assurance standards, they shall refer to quality assurance systems based on the series of European standards in the field, certified by bodies conforming to the European standards for certification.

2. Contracting authorities shall recognise equivalent certificates issued by bodies established in any Member State of the European Union, and shall also accept other evidence of equivalent quality assurance measures presented by employers.

Article 81. Accreditation of compliance with environmental management standards

1. In contracts subject to harmonised regulation, the contracting authorities may require the presentation of certificates issued by independent bodies attesting that the employer complies with certain environmental management rules. For this purpose, they may be referred to the Community environmental management and audit system (EMAS) or to environmental management standards based on European or international standards in the field and certified by bodies complying with Community legislation or European or international standards relating to certification.

2. Contracting authorities shall recognise equivalent certificates issued by bodies established in any Member State of the European Union and shall also accept other evidence of equivalent environmental management measures presented by employers.

Article 82. Supporting documentation and information

The contracting authority or the auxiliary body of the contracting authority may obtain from the employer clarifications on the certificates and documents submitted in application of the foregoing articles or require it for the presentation of other supplementary articles.

Subsection 4. Test of classification and fitness to contract through Official Records or List of Contractors

Article 83. Certification of Official Records of Tenderers And Classified Enterprises.

1. The registration in the Official Registry of Tenderers And Classified Enterprises of the State shall prove in respect of all the contracting authorities of the public sector, in accordance with the reflected and unless proof to the contrary, the conditions of fitness of the employer in terms of his personality and ability to act, representation, professional or business enablement, economic and financial solvency, and classification, as well as the concurrency or non-concurrence of the prohibitions of hiring that must be included in the same.

The registration in the Official Registry of Tenderers And Classified Enterprises of an Autonomous Community shall establish identical circumstances for the purpose of contracting with it, with the local entities included in its territorial scope, and with the remaining entities, bodies or entities of the public sector that are dependent on one and the other.

2. Proof of the content of the Official Records of Tenders and Classified Enterprises shall be carried out by means of certification of the body responsible for the same, which may be issued by electronic, computer or telematic means.

Article 84. Community certificates of classification.

1. Classification certificates or similar documents attesting to the entry in official lists of employers authorised to contract established by the Member States of the European Union provide a presumption of the ability of the employers included in them to the different contracting authorities in relation to the non-concurrence of the prohibitions on hiring referred to in points (a) to (c) and (e) of Article 60 (1) and the possession of the conditions of professional performance and qualification required by Article 54 and the conditions of solvency to which they are entitled referred to in Article 75 (a), (b) and (e) of Article 75 (b) and (c), Article 77, and points (a) and (c) to (i) of Article 78. The same presumptive value shall take the form of certificates issued by bodies which comply with European certification standards issued in accordance with the law of the Member State in which the employer is established.

2. The documents referred to in the preceding paragraph shall indicate the references which have allowed the employer to be registered on the list or issue of the certificate, as well as the classification obtained. These particulars must also be included in the certificates issued by the Official Records of Tenders and Classified Enterprises for the purposes of procurement within the European Union.

CHAPTER III

Succession in the contractor's person

Article 85. Contractor succession assumptions.

In the case of mergers of undertakings in which the contracting company participates, the contract in force with the acquiring entity or the merger resulting from the merger shall continue, which shall be subrogated to all rights and obligations arising therefrom. Likewise, in the cases of division, transfer or transfer of undertakings or branches of activity thereof, the contract shall continue with the entity to which the contract is assigned, which shall be subrogated in the rights and obligations arising from it, provided that it has the solvency required when the award is granted or that the various companies benefiting from the aforementioned operations and, in the event of subsistir, the society from which the assets, companies or segregated branches come, are held jointly and severally with that of the performance of the contract. If the subrogation cannot be produced by not bringing together the entity to which the contract is attributed the necessary solvency conditions shall be settled, considering all the effects as an assumption of resolution due to the successful tenderer.

TITLE III

Object, Price, and Contract Amount

CHAPTER I

General rules

Article 86. Subject of the contract.

1. The object of public sector contracts must be determined.

2. A contract may not be split in order to reduce the amount of the contract and thus circumvent the advertising requirements or those relating to the award procedure which correspond.

3. Where the subject matter of the contract is to be split and duly justified in the case, the separate performance of each of its parts may be envisaged by division into lots, provided that they are susceptible to use or separate use and constitute a functional unit, or so requires the nature of the object.

In addition, differentiated benefits may be used separately to be integrated into a work, as defined in Article 6, where these benefits are of a substantial nature that allows for a separate execution, due to having to be carried out by companies that have a certain rating.

In the cases provided for in the preceding paragraphs, the procedural and publicity rules to be applied in the award of each lot or differentiated benefit shall be determined on the basis of the aggregate value of the whole, except as provided for in Articles 14.2, 15.2 and 16.2.

Article 87. Price.

1. In public sector contracts, the remuneration of the contractor shall be a certain price to be expressed in euro, without prejudice to the payment of the contract by the delivery of other consideration in cases where the latter or other laws provide for it. The contracting authorities shall ensure that the price is appropriate for the effective performance of the contract by the correct estimate of their amount, taking into account the general market price, at the time of fixing the tendering budget and the application, where appropriate, of the rules on tenders with abnormal or disproportionate values.

2. The price of the contract may be made both in terms of unit prices relating to the various components of the benefit or to the units of the supply which are delivered or executed, as in terms of prices applicable on a flat-rate basis to all or part of the performance of the contract. In any event, the amount of the value added tax to be borne by the administration shall be indicated as an independent item.

3. The prices fixed in the contract may be revised or updated, in the terms of Chapter II of this Title, in the case of public administration contracts, or in the form agreed upon in the contract, in other cases, when they are to be adjusted, upward or downward, to take into account the economic variations that occur during the performance of the contract.

4. Contracts, where their nature and subject matter so permit, may include price variation clauses according to the performance of certain time-limits or performance targets, as well as penalties for non-compliance with contractual clauses, with the precise determination of the assumptions in which these variations and the rules for their determination will occur.

5. Exceptionally, contracts with provisional prices may be concluded where, following the processing of a negotiated procedure or a competitive dialogue, it is apparent that the performance of the contract must begin before the price is determined as possible by the complexity of the benefits or the need to use a new technique, or that there is no information on the costs of similar benefits and on the technical or accounting elements which allow a certain price to be negotiated precisely.

In contracts concluded with provisional prices, the price shall be determined, within the limits set for the maximum price, in the light of the costs incurred by the contractor and the agreed benefit, for which, in any case, the following extremes shall be detailed in the contract:

(a) The procedure for determining the definitive price, with reference to the actual costs and the formula for the calculation of the profit.

(b) The accounting rules that the successful tenderer must apply to determine the cost of benefits.

(c) the documentary checks and the production process which the contracting authority may carry out on the technical and accounting elements of the cost of production.

6. Contracts may provide that all or part of the price is satisfied in currency other than the euro. In this case, the amount to be satisfied in that currency shall be expressed in the relevant currency, and an estimate of the total amount of the contract shall be included in euro.

7. The deferred payment of the price in the contracts of the Public Administrations is prohibited, except in the cases in which the payment system is established by means of leasing or leasing with option of purchase, as well as in cases where this or other Law expressly authorizes it.

Article 88. Calculation of the estimated value of the contracts.

1. For all the purposes set out in this Law, the estimated value of the contracts will be determined by the total amount, not including the Value Added Tax, payable according to the estimates of the contracting authority. In the calculation of the total estimated amount, account shall be taken of any form of option and any extension of the contract.

Where premiums are paid or payments made to the candidates or tenderers, the amount of such premiums shall be taken into account in the calculation of the estimated value of the contract.

Where, in accordance with the provisions of Article 106, the possibility of the contract being amended is provided for in the contract documents or in the contract notice, the maximum amount that the contract may achieve shall be deemed to be the estimated value of the contract, taking into account all the modifications envisaged.

2. The estimate shall be made in the light of the usual market prices and shall be related to the timing of the dispatch of the contract notice or, where such an announcement is not required, at the time when the contracting authority initiates the procedure for the award of the contract.

3. In the case of works contracts and public works contracts, the calculation of the estimated value must take account of the amount of the works and the total estimated value of the supplies needed for their implementation which have been made available to the contractor by the contracting authority.

4. In the case of supply contracts for the purpose of leasing, leasing or selling at product time, the value to be taken as the basis for calculating the estimated value of the contract shall be as follows:

(a) In the case of fixed-term contracts, where their duration is 12 months or less, the total estimated value for the duration of the contract; where their duration is greater than 12 months, their total value, including the estimated amount of the residual value.

(b) In the case of contracts whose duration is not fixed by reference to a given period of time, the monthly value multiplied by 48.

5. In supply or service contracts which have a periodicity character, or contracts to be renewed within a given period of time, it shall be taken as the basis for the calculation of the estimated value of the contract of any of the following amounts:

(a) The total real value of similar successive contracts awarded during the preceding financial year or during the previous 12 months, adjusted, where possible, on the basis of changes in quantity or value expected for the 12 months following the initial contract.

(b) The total estimated value of successive contracts awarded during the 12 months following the first instalment or in the course of the financial year, whichever is more than 12 months.

The choice of the method to calculate the estimated value cannot be carried out with the intention of subtracting the contract to the application of the corresponding award rules.

6. For service contracts, for the purposes of calculating their estimated amount, the following amounts shall be taken as the basis for the following:

(a) In insurance services, premium payable and other forms of remuneration.

b) In banking and other financial services, fees, commissions, interest and other forms of remuneration.

(c) In contracts relating to a project, fees, fees payable and other forms of remuneration, as well as premiums or consideration which, if any, are set for the participants in the competition.

(d) In service contracts where a total price is not specified, if they have a fixed duration equal to or less than forty-eight months, the total estimated value corresponding to the entire duration. If the duration is greater than forty-eight months or is not fixed by reference to a certain period of time, the monthly value multiplied by 48.

7. Where the performance of a work, the procurement of services or the procurement of homogeneous supplies may lead to the simultaneous award of separate contracts, account shall be taken of the overall estimated value of all such lots.

8. For framework agreements and dynamic purchasing systems, account shall be taken of the estimated maximum value, excluding value added tax, of all contracts covered during the total duration of the framework agreement or the dynamic purchasing system.

CHAPTER II

Price Review in Public Administrations Contracts

Article 89. Provenance and limits.

1. The revision of prices in the contracts of the general government shall take place, in the terms laid down in this Chapter, unless the improvenance of the review was expressly provided for in the contract documents or agreed upon in the contract, when the contract had been executed, at least, in 20 per 100 of its amount and one year after its formalization. As a result, the first 20 per 100 executed and the first year since formalization will be excluded from the review.

However, in public service management contracts, the price review may take place after the first year since the contract is formalised, without the need to have executed 20 per 100 of the benefit.

2. The price review shall not take place in the contracts for which payment is made through the leasing or leasing system with option to purchase, or in the minor contracts. In the remaining contracts, the contracting authority may, in a reasoned decision, exclude the provenance of the price review.

3. The specification of particular administrative clauses or the contract shall specify, where appropriate, the applicable formula or system of review.

Article 90. Price revision system.

1. Where appropriate, the price review shall be carried out by means of the application of official indices or of the formula approved by the Council of Ministers, prior to the report of the Advisory Board of Administrative Contracting of the State, for each type of contract.

2. The contracting authority shall determine the rate to be applied, taking into account the nature of each contract and the structure of the costs of the benefits. The formulas approved by the Council of Ministers will exclude the possibility of using other indices; if, due to the configuration of the contract, more than one formula could be applicable, the contracting authority will determine the most appropriate, according to the criteria indicated.

3. Where the reference rate to be adopted is the Consumer Price Index prepared by the National Statistics Institute or any of the indices of the groups, sub-groups, classes or subclasses in which it is integrated, the revision shall not exceed 85 per 100 of the variation experienced by the adopted index.

Article 91. Formulas.

1. The formulas to be established shall reflect the weighting in the price of the contract of the cost of the basic materials and the energy incorporated in the process of generation of the subject-matter. The cost of the labour force, the financial costs, the general or structural costs and the industrial benefit shall not be included in them.

2. Where, due to exceptional circumstances, the development of labour or financial costs incurred in a period of time is experiencing upward deviations which may be regarded as unpredictable at the time of the award of the contract, the Council of Ministers or the competent authority of the Autonomous Communities may, on a transitional basis, authorise the introduction of corrective factors for this deviation for consideration in the revision of the price, without, in any event, exceeding 80 per 100 of the deviation actually produced.

The circumstances referred to in the preceding paragraph shall be deemed to be present when the evolution of the gross domestic product deflator officially determined by the National Statistics Institute exceeds by 5 percentage points the official macroeconomic forecasts at the time of the award or the interest rate of the Treasury bills exceeds by five percentage points the last available at the time of the award of the contract. The specifications of particular administrative clauses may include references to the existing macroeconomic forecasts and interest rates at the time of the invitation to tender.

3. Except as provided for in the preceding paragraph, the index or revision formula applicable to the contract shall be unchanged for the duration of the contract and shall determine the price revision on each date from the date of the award of the contract, provided that the award occurs within three months of the end of the time limit for the submission of tenders, or the date on which that three-month period ends if the award is made at a later date.

4. The Government's Delegate Committee for Economic Affairs will approve the monthly indices of prices of basic materials and energy, on the proposal of the Superior Committee on Prices of State Contracts, and should be published in the "Official State Gazette".

The indices will reflect, upward or downward, actual variations in energy prices and basic materials observed in the market and may be unique for the entire national territory or particularised by geographical areas.

5. The ratio of basic materials to include in the price review formulas will be established. This relationship may be extended by the Order of the Minister of Economy and Finance, which was given prior to the report of the Advisory Board of Administrative Contracting of the State, when required by the evolution of the production processes or the appearance of new materials with relevant participation in the cost of certain contracts.

The indicators or rules for determining each of the indices involved in the price revision formulas will be established by the Order of the Minister of Economy and Finance, on the proposal of the Superior Committee on the Prices of Contracts of the State.

Article 92. Coefficient of revision.

The result of applying the weightings provided for in paragraph 1 of the preceding article to the price indices defined in paragraph 4 shall provide on each date, with respect to the date and periods specified in paragraph 3 of that Article, a coefficient to be applied to the liquid amounts of the benefits made which are entitled to review for the purpose of calculating the price to be met.

Article 93. Review in cases of delay in implementation.

Where the review clause applies to periods of time in which the contractor has incurred arrears and without prejudice to any penalties arising from it, the price indices to be taken into account shall be those which have been in accordance with the dates laid down in the contract for the performance of the supply in time, unless the actual period of execution produces a lower coefficient, in which case the latter shall apply.

Article 94. Payment of the amount of the review.

The amount of revisions to be made shall be made cash, ex officio, by the corresponding credit or discount in the certificates or partial payments or, exceptionally, when they have not been able to be included in the certificates or partial payments, in the settlement of the contract.

TITLE IV

Guarantees required for public sector procurement

CHAPTER I

Guarantees to be provided in contracts concluded with the Public Administrations

Section 1. Final Warranty

Article 95. Guarantee requirement.

1. A guarantee of 5 per 100 of the amount of the award, excluding value added tax, shall be made available to the contracting authority by those who offer the most economically advantageous tenders for contracts concluded by the public authorities. In the case of contracts with provisional prices referred to in Article 87.5, the percentage shall be calculated by reference to the maximum price fixed.

However, under the circumstances of the contract, the contracting authority may exempt the successful tenderer from the obligation to lodge a guarantee, justifying it in the specifications, in particular in the case of supplies of consumable goods for which delivery and receipt must be made before the payment of the price. This exemption will not be possible in the case of works contracts and public works contracts.

2. In special cases, the contracting authority may lay down in the contract documents that, in addition to the security referred to in the preceding paragraph, a supplementary of up to 5 per 100 of the contract award may be provided, with the total guarantee being equal to 10 per 100 of the price of the contract.

3. Where the value of the contract is determined on the basis of unit prices, the amount of the security to be lodged shall be fixed on the basis of the tender budget.

4. In the award of public works, the amount of the final guarantee shall be calculated by applying 5 per 100 on the estimated value of the contract, quantified in accordance with Article 88.3.

The contracting authority, having regard to the characteristics and duration of the contract, may provide, in the specifications, for the possibility of reducing the amount of the final guarantee, once the work has been carried out and during the period for its operation. Without prejudice to other criteria which may be laid down in the specifications, this reduction shall be progressively and inversely proportional to the duration of the contract, without being liable to give a minorite of the amount of the guarantee below 2 per 100 of the estimated value of the contract.

Article 96. Guaranteed guarantees.

1. The guarantees required in the contracts concluded with the Public Administrations may be provided in one of the following forms:

(a) In cash or in securities of Public Debt, subject, in each case, to the conditions laid down in the rules for the development of this Law. The cash and the certificates of immobilization of the recorded values shall be deposited in the General Deposit Box or in its branches in the Economy and Finance Delegations, or in the equivalent public offices or establishments of the Autonomous Communities or local contracting entities to which they must have effects, in the form and with the conditions that the rules of development of this Law establish.

b) By means of guarantee, provided in the form and conditions that establish the rules for the development of this Law, by some of the banks, savings banks, credit unions, credit institutions and mutual guarantee companies authorized to operate in Spain, which must be deposited in the establishments mentioned in point (a) above.

(c) By means of a security insurance contract, concluded in the form and conditions laid down by the implementing rules of this Law, with an insurance entity authorized to operate in the class. The insurance certificate shall be delivered in the establishments referred to in point (a) above.

2. Where this is provided for in the documents, the security which, if necessary, is to be provided in contracts other than works and public works concession may be constituted by withholding of the price.

3. Where provided for in the specification, the accreditation of the lodging of the security may be made by electronic, computer or telematic means.

Article 97. Arrangements for guarantees provided by third parties.

1. Persons or entities other than the contractor providing guarantees in favour of the contractor may not use the excision benefit referred to in Articles 1,830 and concordant of the Civil Code.

2. The guarantor or insurer shall be considered to be an interested party in the procedures affecting the guarantee provided, as provided for in Law 30/1992 of 26 November.

3. The following rules shall apply to the security insurance contract:

a) You will have the condition of the policyholder of the contractor and that of the insured the Contracting Administration.

(b) The non-payment of the premium, whether unique, first or next, shall not entitle the insurer to terminate the contract, or terminate the insurance, or suspend the cover, or release the insurer from its obligation, in the event that the insurer must make the guarantee effective.

(c) The insurer may not oppose the insured with any exceptions that may be made against the policyholder.

Article 98. Overall guarantee.

1. Alternatively to the provision of a special guarantee for each contract, the employer may provide a comprehensive guarantee to strengthen the responsibilities which may arise from the execution of all those he holds with a public administration or with one or more contracting authorities.

2. The overall guarantee shall be in one of the procedures laid down in Article 96 (1) (b) and (c) and shall be deposited in the General Deposit Box or in its branches in the Economic and Finance Delegations or in the equivalent public funds or establishments of the Autonomous Communities or Contracting Local Entities, according to the Administration to which it is required to take effect.

3. The overall guarantee shall be liable, in general and on a permanent basis, to the successful tenderer's compliance with the obligations arising out of the contracts covered by it up to 5 per 100, or greater percentage of the amount of the award or the base tender budget, where the price is determined on the basis of unit prices, without prejudice to the compensation for damages in favour of the Administration which, where appropriate, may be incurred, shall be made effective on the rest of the overall guarantee.

4. For the purposes of affectation of the overall guarantee to a particular contract, the box or establishment where it has been constituted shall, at the request of the persons concerned, issue a certificate of proof of its existence and sufficiency, within a maximum of three working days of the filing of the application in that regard, by proceeding to immobilize the amount of the guarantee to be lodged, which shall be released when the guarantee is cancelled.

Article 99. Constitution, replacement and rearrangement of guarantees.

1. The tenderer who has submitted the most economically advantageous tender must, within the time limit laid down in Article 151.2, provide proof of the lodging of the security. If this requirement is not met by reason of the imputables, the Administration shall not make the award in its favour, the final paragraph of Article 151.2 being applicable.

2. If the guarantee is made effective on the penalties or indemnities payable to the successful tenderer, the successful tenderer must replenish or extend the guarantee, in the amount corresponding to it, within a period of 15 days from the date of the execution, if not in case of a resolution.

3. Where, as a result of a change in the contract, the price of the contract is changed, the security must be adjusted, in order to ensure that it is proportionate to the new amended price, within a period of 15 days from the date on which the employer is notified of the modification agreement. For these purposes, price variations which occur as a result of a revision of the same as referred to in Chapter II of Title III of this Book shall not be considered.

Article 100. Responsibilities to which the guarantees are affected.

The warranty will respond to the following concepts:

(a) The penalties imposed on the contractor in accordance with Article 212.

(b) The proper performance of the benefits referred to in the contract, the expenses incurred by the Administration for the delay of the contractor in the performance of his obligations, and the damages caused to the contractor in connection with the performance of the contract or for its failure to comply, where its resolution does not apply.

c) Of the seizure that may be decreed in the case of termination of the contract, in accordance with what is established in this Law or in this Law.

(d) In addition, in the contract of supply the final guarantee shall be liable for the absence of defects or defects of the goods supplied during the period of guarantee provided for in the contract.

Article 101. Preference in the execution of guarantees.

1. In order to make the guarantee effective, the Contracting Administration shall take precedence over any other creditor, regardless of the nature of the security and the title of the creditor.

2. Where the guarantee is not enough to cover the liabilities to which it relates, the administration shall recover the difference by means of the administrative procedure for the award, in accordance with the rules for recovery.

Article 102. Refund and cancellation of guarantees.

1. The guarantee shall not be returned or cancelled until the expiry of the period of guarantee and the satisfactory completion of the contract in question, or until the termination of the contract is declared without the contractor's fault.

2. If the contract is settled and the guarantee period has elapsed, the security constituted or the guarantee shall be cancelled or the guarantee shall be cancelled if the guarantee is not returned.

The return agreement must be adopted and notified to the data subject within two months of the end of the guarantee period. After that, the Administration shall pay the contractor the amount due in addition to the legal interest of the money corresponding to the period from the expiration of the said period until the date of the return of the guarantee, if the guarantee has not been made effective for account attributable to the Administration.

3. In the case of partial reception, only the contractor may request the refund or cancellation of the proportional part of the guarantee if it is expressly authorized in the specification of particular administrative clauses.

4. In the case of transfer of contracts, the guarantee provided by the transferor shall not be repaid or cancelled until it is formally constituted by the transferee.

5. After one year from the date of termination of the contract, without the formal receipt and the liquidation having taken place for reasons not attributable to the contractor, the return or cancellation of the guarantees shall be carried out without delay after the responsibilities referred to in Article 100 have been purged.

When the amount of the contract is less than 1,000,000 euros, in the case of works contracts, or 100,000 euros, in the case of other contracts, the term will be reduced to six months.

Section 2. Interim Warranty

Article 103. Demand and regime.

1. In the light of the circumstances of each contract, the contracting authorities may require the tenderers to provide a guarantee to ensure that their tenders are maintained until the contract has been awarded. For the tenderer who is successful, the provisional guarantee shall also be liable for the fulfilment of the obligations imposed on him by the second paragraph of Article 151.2.

When the contracting authority decides to require a provisional guarantee, it must sufficiently justify in the file the reasons for its requirement for that particular contract.

2. The amount of the provisional guarantee, which may not exceed 3 per 100 of the budget of the contract, excluding the value added tax, and the refund scheme, shall be determined in the administrative clause documents. The provisional guarantee may be provided in any of the forms provided for in Article 96.

3. Where provisional guarantees are required, they shall be deposited, under the conditions laid down in the implementing rules of this Law, in the following form:

(a) In the General Deposit Box or in its branches in the Economy and Finance Delegations, or in the equivalent public fund or establishment of the Autonomous Communities or Contracting Local Entities to which they have to take effect in the case of cash guarantees.

(b) Before the contracting authority, in the case of certificates of immobilization of securities, endorsements or certificates of insurance.

4. The provisional guarantee shall be automatically extinguished and shall be returned to the tenderers immediately after the award of the contract. In any event, the guarantee shall be withheld from the tenderer whose proposal has been selected for the award until the final guarantee has been lodged and the companies which unjustifiably withdraw their proposal before the award have been seized.

5. The successful tenderer may apply the amount of the provisional guarantee to the final or a new constitution of the latter, in which case the provisional guarantee shall be cancelled at the same time as the final date.

CHAPTER II

Guarantees to be provided in other public sector contracts

Article 104. Assumptions and regime.

1. In contracts concluded by entities, bodies and entities in the public sector which do not have the consideration of Public Administrations, the contracting authorities may require the provision of a guarantee to tenderers or candidates, in order to respond to the maintenance of their tenders until the award and, where appropriate, formalisation of the contract or to the successful tenderer, in order to ensure the proper performance of the provision.

2. The amount of the guarantee, which may be presented in any of the forms provided for in Article 96, as well as the arrangements for repayment or cancellation, shall be established by the contracting authority, with the circumstances and characteristics of the contract being met.

TITLE V

Modifying contracts

Article 105. Assumptions.

1. Without prejudice to the assumptions provided for in this Law of succession in the person of the contractor, the assignment of the contract, the price review and the extension of the period of execution, public sector contracts may be amended only where the documents have been provided for in the contract notice or in the contract notice or in the cases and within the limits laid down in Article 107.

In any other case, if it were necessary for the benefit to be executed in a manner other than that agreed upon, the contract in force and the conclusion of another contract must be concluded under the relevant conditions. This new contract must be awarded in accordance with the provisions of the Book III.

2. The modification of the contract may not be carried out in order to add additional benefits to the initially contracted ones, to extend the object of the contract so that it can meet new purposes not covered by the preparatory documentation of the contract, or to incorporate a provision that is capable of being used or independently used. In these cases, a new contract must be made for the relevant provision, in which the arrangements for the award of supplementary contracts may be applied if the circumstances provided for in Articles 171.b and 174.b are met.

Article 106. Modifications provided for in the documentation governing the invitation to tender.

Public sector contracts may be amended as long as the contract notice or the contract notice expressly states that this possibility has been expressly provided and the conditions under which it may be used, as well as the scope and limits of the amendments which may be agreed with express indication of the percentage of the contract price to which they may be affected, and the procedure to be followed for this purpose, have been clearly stated.

For these purposes, the assumptions in which the contract may be modified must be defined in full by reference to circumstances whose concurrence can be objectively verified and the conditions of the possible modification must be specified in a sufficient detail to enable the tenderers to assess them for the purpose of formulating their tender and to be taken into account in terms of the requirement for conditions of suitability for the tenderers and the valuation of the tenders.

Article 107. Amendments not provided for in the documentation governing the invitation to tender.

1. Amendments not provided for in the specifications or in the notice of invitation to tender may be made only where the concurrence of one of the following circumstances is sufficiently justified:

(a) Inadequacy of the contracted provision to meet the needs to be covered by the contract due to errors or omissions suffered in the drafting of the project or the technical specifications.

(b) Inappropriateness of the project or of the specifications of the provision for objective reasons which determine its lack of suitability, consisting of geological, water, archaeological, environmental or similar circumstances, which were revealed after the award of the contract and which were not foreseeable before applying all the required diligence in accordance with good professional practice in the design of the project or in the drafting of the technical specifications.

c) Force majeure or fortuitous case that made it impossible to perform the benefit in the initially defined terms.

(d) Convenience to incorporate technical advances in the provision of technical advances which are significantly improved, provided that their availability on the market, in accordance with the state of the art, has occurred after the award of the contract.

e) The need to adjust the provision to technical, environmental, urban, safety or accessibility specifications approved after the award of the contract.

2. The modification of the contract agreed in accordance with this Article shall not alter the essential conditions of the tender and award, and shall be limited to the introduction of the strictly indispensable variations in order to respond to the objective cause which makes it necessary.

3. For the purposes of the preceding paragraph, the essential conditions for tendering and the award of the contract shall be deemed to be altered in the following cases:

a) When the modification substantially varies the essential function and characteristics of the initially contracted benefit.

b) When the modification alters the relationship between the contracted benefit and the price, as that relationship was defined by the conditions of the award.

(c) Where a professional rating other than that required for the initial contract or substantially different solvency conditions is necessary for the implementation of the amended provision.

d) Where the amendments to the contract equal or exceed, by more or less, 10% of the contract award price; in the case of successive amendments, the whole of the contract may not exceed this limit.

e) In any other case where it can be assumed that, if the modification was previously known, other interested parties would have been involved in the award procedure or that the tenderers who took part in it would have submitted offers substantially different from those made.

Article 108. Procedure

1. In the case provided for in Article 106, the contractual amendments shall be agreed in the form specified in the notice or in the documents.

2. Prior to the amendment of the contract in accordance with Article 107, the editor of the draft or of the technical specifications shall be heard if they have been prepared by a third party outside the contracting authority under a service contract, so that, within a period of not less than three days, he shall make any such considerations.

3. The provisions of this Article shall be without prejudice to the provisions of Article 211 for amendments affecting administrative contracts.

BOOK II

Preparing contracts

TITLE I

Preparing Contracts by Public Administrations

CHAPTER I

General rules

Section 1. Contracting Expedient

Subsection 1. Th Ordinary Fulfillment

Article 109. Procurement file: initiation and content.

1. The conclusion of contracts by the Public Administrations shall require the prior processing of the relevant file, which shall be initiated by the contracting authority, motivating the need for the contract in the terms provided for in Article 22 of this Law.

2. The file must relate to the whole of the subject-matter of the contract, without prejudice to Article 86 (3) of the contract, in respect of its possible division into lots, for the purposes of tendering and award.

3. The contract documents shall be incorporated in the documents and the technical requirements to be applied in the contract. Where the procedure chosen for the award of the contract is the competitive dialogue procedure laid down in Chapter I of Chapter I of Title I of Book III, the documents of administrative clauses and technical prescriptions shall be replaced by the descriptive document referred to in Article 181.1.

The certificate of existence of a credit or document that legally replaces it must also be incorporated, and the prior audit of the intervention, if any, in the terms provided for in Law 47/2003, of November 26.

4. The choice of the procedure and the criteria to be taken into consideration for the award of the contract shall be adequately justified in the file.

5. If the financing of the contract has to be carried out with contributions from different sources, even if it is an organ of the same public administration, a single file will be processed by the contracting authority to which the contract is awarded, and the full availability of all the contributions must be credited and the order of their credit is determined, including a guarantee for their effectiveness.

Article 110. Approval of the dossier.

1. Completion of the procurement file, a reasoned decision shall be made by the contracting authority approving the contract and the opening of the award procedure. Such a decision shall also involve the approval of expenditure, except for the exceptional case provided for in Article 150 (3) (a), or where the rules of deconcentration or the act of delegation have established the opposite, in which case the approval of the competent body shall be sought.

2. The procurement files may be completed even with the award and formalisation of the relevant contract, even if its performance, whether carried out in one or more annuities, is to be initiated in the following financial year. For these purposes, appropriations may be committed with the limitations to be determined in the budgetary rules of the various public administrations subject to this Law.

Article 111. Procurement file for minor contracts.

1. In the minor contracts defined in Article 138.3, the processing of the file shall only require the approval of the expenditure and the incorporation of the corresponding invoice, which shall meet the requirements laid down by the implementing rules of this Law.

2. In the minor works contract, the budget of the works must also be added, without prejudice to the need for the corresponding project where specific rules so require. The monitoring report referred to in Article 125 shall also be requested where the work is concerned with the stability, security or tightness of the work.

Subsection 2. Th abbreviated processing of the case

Article 112. Urgent processing of the file.

1. The files relating to contracts whose conclusion is liable to be deferred or the award of which must be speeded up for reasons of public interest may be dealt with as a matter of urgency. For such purposes, the file shall contain the statement of urgency made by the contracting authority, duly substantiated.

2. The files of urgent need shall be processed in accordance with the same procedure as the ordinary ones, with the following specialties:

(a) The files shall preferably be sent by the various bodies involved in the procedure, which shall have a period of five days to issue the respective reports or to complete the corresponding formalities.

When the complexity of the file or any other cause equally justified prevents the deadline from being met, the organs to be evacuated will be brought to the attention of the contracting authority that has declared the urgency. In this case, the period shall be extended to 10 days.

(b) Agreed to the opening of the award procedure, the time limits laid down in this Law for the tendering, award and formalisation of the contract shall be reduced by half, with the exception of the 15 working day period laid down in the first paragraph of Article 156.3 as a waiting period before the contract is formalised.

However, in the case of procedures relating to contracts subject to harmonised regulation, this reduction shall not affect the time limits laid down in Articles 158 and 159 for the provision of information to tenderers and the submission of proposals in the open procedure. In restricted procedures and in negotiated procedures where, as provided for in Article 177.1, the publication of an announcement of the invitation to tender is made, the time limit for the submission of requests for participation may be reduced to 15 days from the dispatch of the contract notice, or up to 10 days, if this consignment is effected by electronic, computer or telematic means, and the time limit for the provision of the additional information referred to in Article 166.4 shall be reduced to four days. In the restricted procedure, the time limit for the submission of proposals provided for in Article 167.1 may be reduced by up to 10 days from the date of dispatch of the invitation to tender.

(c) The period of commencement of the performance of the contract may not exceed 15 working days from the date of formalisation. If this period is exceeded, the contract may be terminated, unless the delay is due to reasons other than the Contracting Administration and the contractor, and shall be recorded in the relevant reasoned decision.

Article 113. Emergency processing.

1. Where the Administration has to act immediately on the basis of catastrophic events, situations involving serious danger or needs affecting the national defence, the following exceptional regime shall be followed:

(a) The contracting authority, without the obligation to process an administrative file, may order the execution of what is necessary to remedy the event produced or to satisfy the need for an over-coming, or to hire freely its object, in whole or in part, without being subject to the formal requirements laid down in this Law, including the existence of sufficient credit. The relevant agreement shall be accompanied by the appropriate credit retention or documentation justifying the initiation of the credit modification file.

(b) If the contract has been concluded by the General Administration of the State, its autonomous bodies, management entities and common services of Social Security or other State public entities, it shall take account of those agreements to the Council of Ministers within the maximum period of 60 days.

(c) Simultaneously, by the Ministry of Economy and Finance, in the case of the General Administration of the State, or by the legal representatives of the autonomous organizations and the management entities and the common services of Social Security, the bookkeeping of the precise funds will be authorized to deal with the expenses, as a justification.

(d) The actions covered by this exceptional scheme shall be completed, the formalities necessary for the intervention and the approval of the supporting account shall be completed, without prejudice to any necessary adjustments to be made in accordance with Article 49 of the General Budget Law.

(e) The period for the commencement of performance of the benefits may not exceed one month from the date of adoption of the agreement referred to in point (a). If this period is exceeded, the procurement of such benefits shall require the processing of an ordinary procedure.

Also, after that period, the account of the book that, if any, would have been made, will be rendered, with reimbursement of the funds not invested. The procedure for monitoring these obligations will be developed in the rules for the implementation of this Law.

2. The remaining benefits that are necessary to complete the action undertaken by the Administration and which are not of an emergency nature will be contracted according to the regular processing regulated in this Law.

Section 2. Pliegos of administrative clauses and technical prescriptions

Article 114. Specifications for general administrative clauses.

1. The Council of Ministers, on the initiative of the Ministries concerned, on a proposal from the Minister of Economy and Finance, and after obtaining the opinion of the State Council, may approve the documents of general administrative clauses, which shall be adjusted in their content to the provisions of this Law and its provisions for development, for use in the contracts to be concluded by the contracting authorities of the General Administration of the State, its autonomous organizations, the managing entities and the common services of social security and other public entities.

2. In the case of general documents for the purchase of goods and services related to information technology, the proposal to the Council of Ministers will be jointly carried out by the Minister of Economy and Finance and the Minister for Territorial Policy and Public Administration.

3. The Autonomous Communities and the entities that make up the Local Administration may approve documents of general administrative clauses, in accordance with their specific rules, after obtaining the opinion of the Council of State or equivalent advisory body of the Autonomous Community, if any.

Article 115. Specifications for particular administrative clauses.

1. The specifications of particular administrative clauses must be approved in advance of the authorization of the expenditure or jointly with it, and always before the contract, or if it does not exist, before the contract is awarded.

2. Special administrative clauses shall include the covenants and conditions defining the rights and obligations of the parties to the contract and the other particulars required by this Law and its implementing rules. In the case of mixed contracts, the legal regime applicable to its effects, compliance and extinction shall be detailed, taking into account the rules applicable to the different benefits merged in them.

3. Contracts shall be in accordance with the content of the individual documents, the terms of which are considered to be an integral part thereof.

4. The approval of the specifications of the individual administrative clauses shall be the responsibility of the contracting authority, which may also approve models of specific specifications for certain categories of contracts of a similar nature.

5. The Advisory Board of Administrative Contracting of the State shall inform in advance all the specific documents in which the inclusion of provisions contrary to the corresponding general documents is proposed.

6. In the General Administration of the State, its autonomous bodies, management bodies and common services of Social Security and other State public entities, the approval of the documents and models shall require the prior report of the respective Legal Service. This report shall not be required where the specification of particular administrative clauses is in accordance with a model of the specification which has been previously the subject of this report.

Article 116. Specifications for technical requirements.

1. The contracting authority shall approve before the authorization of the expenditure or in conjunction with it, and always before the contract, or if there is not, before its award, the documents and documents containing the particular technical requirements which shall govern the performance of the performance and define its qualities, in accordance with the requirements laid down in this Law for each contract.

2. The Council of Ministers, acting on a proposal from the Minister of State, may lay down the general technical requirements to be adjusted by the General Administration of the State, its autonomous organizations, management entities and common services of Social Security and other public entities.

Article 117. Rules for the establishment of technical prescriptions.

1. The technical requirements shall be defined, as far as possible, taking into account criteria of universal accessibility and design for all, as defined in these terms in Law 51/2003 of 2 December 2003 on Equal Opportunities, Non-Discrimination and Universal Accessibility of Persons with Disabilities, and provided that the subject matter of the contract affects or may affect the environment, applying sustainability and environmental protection criteria, in accordance with the definitions and principles laid down in Articles 3 and 4, respectively, of Law 16/2002, of 1 July, of Integrated Pollution Prevention and Control.

If it is not possible to define the technical requirements taking into account criteria of universal accessibility and design for all, this circumstance should be sufficiently motivated.

2. The technical requirements must be such as to enable the tenderers to have access on an equal footing, without having the effect of creating unjustified obstacles to the opening of public contracts to competition.

3. Without prejudice to national technical instructions and regulations which are mandatory, provided that they are compatible with Community law, the technical requirements may be defined in one of the following ways:

(a) By reference, in accordance with the following order of precedence, to technical specifications contained in national rules incorporating European standards, to European technical approvals, to common technical specifications, to international standards, to other systems of technical references developed by the European standardisation bodies or, failing that, to national standards, to national technical approvals or to national technical specifications in the field of project, calculation and performance of works and operation of products, accompanying each reference of the words "or equivalent".

(b) In terms of performance or functional requirements, incorporating the latter, where the object of the contract affects or is likely to affect the environment, the contemplation of environmental characteristics. The parameters used must be sufficiently precise to permit the determination of the subject-matter of the contract by the tenderers and the award of the contract to the contracting authorities.

(c) In terms of performance or functional requirements, as referred to in point (b), by reference, as a means of presumption of conformity with them, to the specifications referred to in point (a).

d) By reference to the technical specifications referred to in point (a), for certain characteristics, and to the performance or functional requirements referred to in point (b), for others.

4. Where the technical requirements are defined in the form referred to in point (a) of the preceding paragraph, the contracting authority may not reject an offer on the ground that the products and services offered do not comply with the specifications referred to above, provided that the tenderer proves, by any appropriate means, that the proposed solutions comply with the requirements set out in the relevant technical requirements. For this purpose, a technical report of the manufacturer or a test report prepared by an officially recognised technical body may constitute an appropriate means of testing.

5. Where the requirements are laid down in terms of performance or functional requirements, an offer of works, products or services which comply with a national standard incorporating a European standard, a European technical suitability document, a common technical specification, an international standard or a technical reference system developed by a European standardisation body may not be rejected, provided that these technical documents are intended to meet the performance or the functional requirements required by the requirements.

In such cases, the tenderer must prove in its tender that the works, products or services in accordance with the technical standard or document meet the technical requirements laid down by the contracting authority. For this purpose, a technical report of the manufacturer or a test report prepared by an officially recognised technical body may constitute an appropriate means of testing.

6. Where environmental characteristics are prescribed in terms of performance or functional requirements, detailed requirements may be used or, where appropriate, parts thereof, as defined in European, national or multi-national eco-labels, or in any other eco-label, provided that they are appropriate to define the characteristics of the supplies or services covered by the contract, their requirements are based on scientific information, all the parties concerned have been able to participate in the procedure for their adoption. such as government agencies, consumers, manufacturers, distributors and environmental organisations, and which are accessible to all interested parties.

The contracting authorities may indicate that the products or services provided with the eco-label are considered to be in accordance with the technical specifications laid down in the specification, and must accept any other appropriate means of testing, such as a technical report by the manufacturer or a test report prepared by an officially recognised technical body.

7. For the purposes of this Article, "officially recognised technical bodies" shall mean those testing laboratories, calibration entities, and inspection and certification bodies which, in accordance with the applicable rules, have been officially recognised by the public authorities in the field of their respective competences.

The contracting authorities shall accept certificates issued by bodies recognised in other Member States.

8. Unless justified by the subject matter of the contract, the technical specifications may not mention a particular manufacture or provenance or a particular procedure, or reference a mark, a patent or a type, to a particular origin or production for the purpose of favouring or discarding certain undertakings or certain products. Such reference or reference shall be authorised, exceptionally, where it is not possible to give a sufficiently precise and intelligible description of the subject matter of the contract in application of paragraphs 3 and 4 of this Article and shall be accompanied by the words 'or equivalent'.

Article 118. Special conditions for the performance of the contract.

1. The contracting authorities may lay down special conditions in respect of the performance of the contract, provided that they are compatible with Community law and are indicated in the contract notice and in the contract. These implementing conditions may in particular refer to environmental considerations or social considerations, in order to promote the employment of persons with particular difficulties of insertion into the labour market, to eliminate inequalities between men and women in the labour market, to combat unemployment, to promote training in the workplace, or other purposes to be established by reference to the coordinated strategy for employment, as defined in Article 145 of the Treaty on the Functioning of the European Union, or to ensure respect for human rights. These are the key elements of the International Labour Organisation (ILO), which are based on the need to comply with the International Labour Organisation's key conventions.

2. The documents or the contract may, in accordance with Article 212.1, lay down penalties for failure to comply with these special conditions of execution or attribute the nature of the contractual obligations essential to the effects referred to in Article 223.f. Where the failure to comply with these conditions is not established as a cause for the termination of the contract, it may be considered in the documents or in the contract, in terms to be established, as a serious infringement for the purposes laid down in Article 60.2.e.

Article 119. Information on obligations relating to taxation, environmental protection, employment and working conditions.

1. The contracting authority may point out in the statement the body or bodies from which the candidates or tenderers may obtain the relevant information on the obligations relating to taxation, the protection of the environment, and the provisions in force in respect of the protection of employment, working conditions and the prevention of occupational risks, which shall apply to the work carried out in the work or the services provided during the performance of the contract.

2. The contracting authority which provides the information referred to in paragraph 1 shall request tenderers or candidates in a procedure for the award of contracts to have taken into account in the preparation of their tenders the obligations arising from the provisions in force in respect of the protection of employment, working conditions and the prevention of occupational risks and protection of the environment.

This will not prevent the application of the provisions of Article 152 on the verification of offers that include abnormal or disproportionate values.

Article 120. Information about subrogation conditions in job contracts

In those contracts which impose an obligation on the successful tenderer to be subrogated as an employer in certain industrial relations, the contracting authority shall provide the tenderers, in the same contract or in the supplementary documentation, with information on the conditions of the contracts of the workers to whom the subrogation is necessary to enable the assessment of the labour costs to be carried out by such a measure. For these purposes, the undertaking which is making the provision subject to the contract to be awarded and which has the employment status of the workers concerned shall be obliged to provide the contracting authority with that information at the request of the contracting authority.

CHAPTER II

Special rules for preparing certain contracts

Section 1. Work Contract Preparatory Actions

Subsection 1. Project of works and repose

Article 121. Project of works.

1. Under the terms of this Law, the award of a works contract will require the prior elaboration, supervision, approval and review of the corresponding project that will define precisely the subject matter of the contract. The approval of the project shall be the responsibility of the contracting authority unless such competence is specifically attributed to another body by a legal standard.

2. In the case of joint project and project award, the execution of the project will be conditional upon the project's supervision, approval and review by the contracting authority.

Article 122. Classification of the works.

1. For the purposes of the preparation of the projects, the works shall be classified according to their object and nature in the following groups:

a) Works of first establishment, reform or great repair.

b) Works of simple repair, restoration or rehabilitation.

c) Conservation and maintenance works.

d) Demolition works.

2. It is works of first establishment that give rise to the creation of a real estate.

3. The general concept of reform covers the whole range of works of enlargement, improvement, modernisation, adaptation, adaptation or reinforcement of an existing immovable property.

4. Repair works are considered as necessary to amend an impairment produced in a immovable property for accidental or accidental causes. When fundamentally affecting the resistant structure they will have the qualification of great repair and, if not, of simple repair.

5. If the impairment occurs in time by the natural use of the good, the works necessary for his amendment will have the character of conservation. Maintenance works shall have the same character as the maintenance works.

6. Restoration works are those that aim to repair a construction preserving its aesthetics, respecting its historical value and maintaining its functionality.

7. Rehabilitation works are those that aim to repair a construction preserving its aesthetics, respecting its historical value and providing it with a new functionality that is compatible with the original elements and values of the building.

8. It is demolition works that have as their object the demolition or destruction of a real estate.

Article 123. Content of the projects and responsibility arising from their preparation.

1. Works projects shall comprise at least:

(a) A memory in which the object of the works is described, which will collect the background and situation prior to them, the needs to be met and the justification of the solution adopted, detailing the factors of every order to be taken into account.

(b) The detailed and detailed plans necessary for the work to be perfectly defined, as well as those that delimit the occupation of land and the restitution of easements and other real rights, if any, and services affected by its execution.

(c) The specification of particular technical requirements, where the description of the works shall be made and its execution shall be regulated, with the expression of the manner in which it shall be carried out, the technical obligations which correspond to the contractor, and the manner in which the measurement of the units executed and the quality control of the materials used and the process of execution shall be carried out.

(d) A budget, whether or not integrated by several parts, with the expression of unit prices and decomposed, where appropriate, the state of measurement and the precise details for its assessment.

e) A programme of development of the work or plan of work of an indicative nature, with foresight, in its case, of the time and cost.

f) The references of all types in which the repose of the work will be based.

g) The safety and health study or, as the case may be, the basic safety and health study, as provided for in the safety and health standards in the works.

h) How much documentation is provided in legal or regulatory standards.

2. However, for projects of works of first establishment, reform or great repair of less than 350,000 euros, and for the other projects listed in the previous article, it may be simplified, recast or even deleted, some or some of the previous documents in the form that in the norms of development of this Law is determined, provided that the resulting documentation is sufficient to define, to value and to execute the works that it understands. However, only the documentation referred to in point (g) of the previous paragraph may be dispensed with in cases where it is provided for in the specific rules governing it.

3. Unless this is incompatible with the nature of the work, the project must include a geotechnical survey of the land on which it is to be carried out, as well as the reports and previous studies necessary for the best determination of the subject matter of the contract.

4. Where the preparation of the project has been fully contracted by the Administration, the author or authors of the project shall bear responsibility in the terms laid down in Articles 310 to 312. In the event that the benefit is carried out in collaboration with the Administration and under its supervision, the responsibilities will be limited to the scope of the collaboration.

5. Projects shall be subject to the technical instructions which must be complied with.

Article 124. Presentation of the project by the entrepreneur.

1. The joint procurement of the project preparation and the execution of the relevant works shall be exceptional and shall only be carried out in the following cases where the concurrency shall be duly justified in the case:

(a) Where technical reasons necessarily require the employer to be linked to the studies of the works. These reasons must be linked to the destination or the techniques of execution of the work.

(b) In the case of works whose exceptional size or unique technical difficulties, they require solutions provided with means and technical capacity of the companies.

2. In any event, the invitation to tender for this type of contract shall require the prior drafting by the Administration or contracting entity of the corresponding preliminary draft or similar document, and only where, for justified reasons, the public interest is appropriate, it may be limited to drawing up the technical basis for the project to be adjusted.

3. The contractor shall submit the project to the contracting authority for supervision, approval and review. If defects or inappropriate price references are observed in the project received, the contractor's sub-healing will be required in the terms of Article 310, without the possibility of the execution of the project being initiated until new supervision, approval and review of the project is carried out. In the event that the contracting authority and the contractor do not reach an agreement on the prices, the latter will be exempt from carrying out the works, without another right in front of the contracting authority that the payment of the works of writing of the corresponding project.

4. In the cases referred to in this Article, the initiation of the file and the corresponding credit reserve shall set the maximum estimated amount that the future contract may achieve. However, the audit of the expenditure, its approval, as well as the acquisition of the commitment generated by it, shall not be carried out until the amount and the terms of the contract are known according to the proposed proposal, circumstances that will be included in the corresponding specifications of particular administrative clauses.

5. In the case of the preparation of a project for the singular works of hydraulic or transport infrastructure whose entity or complexity does not allow the estimated amount of the construction of the works to be established, the forecast of the maximum price referred to in the preceding paragraph shall be limited to the project. The execution of the work will be subject to the feasibility of its financing and to the processing of the relevant expenditure file. In the event that the execution of the work is waived or no delivery is made within three months, unless the contract specification establishes a further one, the contractor shall be entitled to the payment of the price of the project increased by 5 per 100 as compensation.

Article 125. Project monitoring.

Prior to the approval of the project, where the amount of the works contract is equal to or greater than EUR 350,000, the contracting authorities shall request a report from the relevant offices or supervisory units of the projects in charge of verifying that the general provisions of a legal or regulatory nature and the technical rules applicable to each type of project have been taken into account. Liability for the incorrect application of the same in the different studies and calculations shall be required in accordance with the provisions of Article 123.4. In the case of projects with a lower value than that indicated, the report shall be optional, except in the case of works which affect the stability, security or tightness of the work in which case the supervisory report is also required.

Article 126. Repose of the project.

1. Approved the project and prior to the processing of the file of contracting of the work, will proceed to carry out the repose of the same one, which will consist in checking the geometric reality of the same and the availability of the precise grounds for its normal execution, that it will be indispensable requirement for the award in all the procedures. It will also be necessary to check how many assumptions are included in the draft and are basic for the contract to be concluded.

2. In the case of the processing of procurement files relating to works of hydraulic, transport and road infrastructure, it shall be exempt from the pre-requisite for the availability of the land, although the actual occupation of the land must be preceded by the formalisation of the occupation act.

3. In cases of transfer of land or premises by public entities, it will be sufficient to prove the availability of the land, the transfer of the transfer agreements and acceptance by the competent bodies.

4. Once the project has been completed, the project will be incorporated into the recruitment file.

Subsection 2. ª Administrative Clauses in Contracts under the Total Credit Mode of Price

Article 127. Content of the documents of administrative clauses in the contracts of work with full payment of the price.

In works contracts where it is stipulated that the Administration will satisfy the price by means of a single payment made at the time of completion of the work, the contractor being forced to finance its construction by bringing forward the necessary quantities until the completion of the completed work, the specifications of the specific administrative clauses must include the specific conditions of the financing, as well as, where appropriate, the capitalization of their interests and their liquidation, owing the offers to express separately the price of construction and the final price to be paid, for the purpose of the assessment of the financing conditions and the refinancing, where appropriate, of the construction costs.

Section 2. Third Preparatory Actions of the Public Works Concession Contract

Article 128. Feasibility study

1. Prior to the decision to construct and operate a public work on the basis of a concession, the authority responsible for the granting authority shall agree to carry out a feasibility study.

2. The feasibility study shall contain at least the data, analyses, reports or studies that proceed on the following points:

a) Purpose and justification of the work, as well as definition of its essential characteristics.

b) Forecasts on the demand for the use and economic and social impact of the work in its area of influence and on the profitability of the concession.

c) Valuation of existing data and reports that refer to sectoral, territorial or urban planning.

d) Study of environmental impact where this is mandatory in accordance with current legislation. In the other cases, an environmental analysis of the alternatives and the appropriate corrective and protective measures.

e) Justification of the solution chosen, indicating, among the alternatives considered whether it will be road or linear infrastructures, the characteristics of its layout.

f) Operational and technological risks in the construction and exploitation of the work.

g) Cost of the investment to be made, as well as the proposed system of financing for the construction of the work with the justification, likewise, of the origin of the work.

h) Safety and health study or, where appropriate, basic safety and health study, in the terms provided for in the minimum safety and health provisions in construction works.

3. The granting authority shall submit the feasibility study to public information for a period of one month, which may be extended for the same period of time due to the complexity of the project and shall transfer it to the bodies of the General Administration of the State, the Autonomous Communities and the Local Entities concerned when the work is not included in the corresponding urban planning, which shall be issued within one month.

4. The processing of public information provided for in the previous paragraph will also be used to fill in the environmental impact study, in cases where the environmental impact statement is mandatory.

5. The private initiative will be accepted in the presentation of feasibility studies of eventual concessions. The study shall be submitted to the competent body so that, within three months, it shall communicate to the individual the decision whether or not to deal with it or set a longer period for its study which, in no case, shall be longer than six months. The silence of the Administration or the entity that corresponds to it shall be equivalent to the non-acceptance of the study.

In the case that the feasibility study will culminate in the granting of the corresponding concession after the appropriate tender, its author will be entitled, provided that he has not been successful and unless the study has proved insufficient according to his own purpose, to the compensation of the expenses incurred for its elaboration, increased by 5 per 100 as compensation, expenses that may be imposed on the concessionaire as a contractual condition in the corresponding specifications of particular administrative clauses. The amount of the expenditure shall be determined by the granting authority on the basis of those accredited by the person who submitted the study, in accordance with the nature and content of the study and in accordance with market prices.

6. The granting authority may, in particular, agree to the replacement of the feasibility study referred to in the preceding paragraphs by a study of economic and financial viability where the nature and purpose of the work or the amount of the investment required shall be deemed to be sufficient. In these cases, the Administration shall also draw up, before tendering the concession, the corresponding preliminary draft or draft to ensure the formalities laid down in paragraphs 3 and 4 of the following Article.

Article 129. Preliminary construction and exploitation of the work.

1. Depending on the complexity of the work and the degree of definition of its characteristics, the granting authority, approved the feasibility study, may agree to the drafting of the corresponding preliminary draft. This may include, in accordance with the nature of the work, complementary areas of commercial exploitation.

2. The preliminary draft construction and operation of the work shall contain at least the following documentation:

(a) A memory in which the needs to be met, the social, technical, economic, environmental and administrative factors considered to meet the objective set and the justification of the proposed solution will be exposed. The memory will be accompanied by the corresponding basic data and calculations.

b) The general and set situation plans necessary for the definition of the work.

c) A budget that includes the costs of carrying out the work, including the cost of the expropriations to be carried out, based on the corresponding measurements and assessments. For the calculation of the cost of the expropriations, the legal system of current valuations will be taken into account.

(d) A study on the use and exploitation of the work, with an indication of how it is financed and the rate of charge to be applied to the concession, including, where appropriate, the impact or contribution on these yields of the income which may correspond to the area of commercial exploitation.

3. The preliminary draft shall be submitted to the public for a period of one month, which may be extended for the same period of time due to its complexity, so that any observations may be made as to the location and characteristics of the work, as well as any other circumstances concerning its declaration of public utility, and shall provide the latter with a report to the organs of the General Administration of the State, the Autonomous Communities and the Local Entities concerned. This process of public information will also be used to fill in the environmental impact study, in cases where the environmental impact statement is mandatory and no such procedure has been carried out previously because it is an assumption included in paragraph 6 of the previous article.

4. The grantor administration shall approve the preliminary draft of the work, taking into account the arguments put forward and incorporating the requirements of the environmental impact declaration, and will urge the concrete recognition of the public utility of the project for the purposes provided for in the legislation of compulsory expropriation.

5. Where the specification of the particular administrative clauses so permits, and in the terms which it lays down, the tenderers for the concession may introduce in the preliminary draft the variants or improvements they deem appropriate.

Article 130. Project of the work and repose of it.

1. In the event that the works are defined in all their characteristics by the granting authority, the drafting, supervision, approval and review of the corresponding project will be carried out in accordance with the provisions of the corresponding articles of this Law and the recognition of the public utility of the work for the purposes provided for in the legislation of forced expropriation.

2. Where there is no preliminary draft, the administration shall submit the draft, before final approval, to the procedure laid down in paragraphs 3 and 4 of the preceding Article for the preliminary draft.

3. It shall apply in respect of any improvements to the project of the work referred to in paragraph 5 of the previous Article.

4. The concessionaire shall be liable for damages arising from the defects of the project where, according to the terms of the concession, it corresponds to its presentation or has introduced improvements in the one proposed by the Administration.

Article 131. Specifications for particular administrative clauses.

1. The specifications of particular administrative clauses in public works concession contracts shall at least refer to the following aspects:

(a) Definition of the subject-matter of the contract, with reference to the preliminary draft or draft concerned and express reference to the documents of the latter which are of a contractual nature. Where applicable, the determination of the complementary area of commercial exploitation.

(b) Requirements of financial, economic and technical capacity and solvency that are payable to tenderers.

c) Content of the proposals, which shall at least refer to the following:

1. The relationship of promoters of the future concessionary company, in the event that its constitution is envisaged, and characteristics of the same legal as well as financial.

2. Plan to carry out the works with an indication of the dates planned for their start, completion and opening to the intended use.

3. The duration of the concession.

4. The economic and financial plan of the concession that will include, among the aspects that are its own, the system of tariffs, the investment and the operating costs and obligations of payment and financial expenses, direct or indirect, estimated. The impact on tariffs, as well as the forecasts for depreciation, in the concession period and other variables of the concession provided for in the contract documents, where appropriate, of the income from the use of the work and, where it exists, of the profits derived from the exploitation of the commercial zone, shall be considered specific in the concession period, where they do not reach or exceed the minimum and maximum levels, respectively, as considered in the tender. In any event, if the yields in the commercial area do not exceed the minimum threshold laid down in the specification of administrative clauses, those yields may not be considered for the purposes of the review of the above elements.

5. In cases of mixed financing of the work, proposal of the percentage of financing from public resources, below those set out in the specification of particular administrative clauses.

6. No Commitment that the concessionary company shall adopt the accounting model established by the contract, in accordance with the applicable rules, including that which may correspond to the management of the complementary areas of commercial exploitation, without prejudice to the fact that the performance of these areas is integrated into all the effects of the concession.

7. Under the terms and with the scope to be set out in the contract, tenderers may make improvements which they consider appropriate, and which may relate to structural features of the work, to their operating system, to measures designed to prevent damage to the environment and natural resources, or to substantial improvements, but not to their location.

(d) A system of remuneration of the concessionaire in which the possible options on which the offer is to be made shall be included, as well as, where appropriate, the formulas for updating costs during the operation of the work, with a reference to its impact on the corresponding tariffs according to the purpose of the concession.

(e) The minimum threshold for profits arising from the operation of the commercial area below which the economic elements of the concession may not be affected.

f) Cuantia and form of guarantees.

g) Special characteristics, if any, of the concessionary company.

(h) Deadline, where appropriate, for the preparation of the project, the time limit for the execution of the works and the period of operation of the works, which may be fixed or variable according to the criteria laid down in the contract.

i) Rights and obligations specific to the parties during the execution phase of the works and during their operation.

j) Regime of penalties and assumptions that may result in the abduction of the concession.

k) Place, date and time limit for submission of tenders.

2. The contracting authority may include in the contract documents, depending on the nature and complexity of the contract, a period for tenderers to be able to request the clarifications they consider relevant to their content. The responses will be binding and should be made public in terms of ensuring equality and competition in the tender process.

Section 3. 3rd Preparatory actuations of the public service management contract

Article 132. Legal status of the service.

Before proceeding to the contracting of a public service, the legal system must have been established, which expressly states that the activity in question is assumed by the respective administration as its own, attribute the administrative powers, determine the scope of the benefits in favour of the administered, and regulate the legal, economic and administrative aspects relating to the provision of the service.

Article 133. Pliegos and preliminary work and exploitation.

1. In accordance with the rules governing the legal system of the service, the specifications of particular administrative clauses and technical requirements shall lay down the conditions for the provision of the service and, where appropriate, lay down the fees to be paid by the users, the procedures for their review, and the fee or participation to be paid to the Administration.

2. In contracts which include the execution of works, the processing of the file shall be preceded by the preparation and administrative approval of the preliminary draft and of the preliminary draft, specifying the technical requirements for its implementation. In this case, the provisions laid down in this Law for the granting of public works will apply.

3. The contracting authority may include in the contract documents, depending on the nature and complexity of the contract, a period for tenderers to be able to request the clarifications they consider relevant to their content. The responses will be binding and should be made public in terms of ensuring equality and competition in the tender process.

Section 4. Second Preparatory Actions for Public Sector and Private Sector Collaboration Contracts

Article 134. Ex-ante evaluation.

1. Prior to the initiation of a contract for collaboration between the public sector and the private sector, the administration or contracting entity shall draw up an assessment document stating that, in view of the complexity of the contract, it 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 and financial mechanisms for carrying out the contract, and a comparative analysis shall be carried out with alternative forms of procurement. which justify in terms of obtaining higher value for price, overall cost, effectiveness or risk allocation, the legal, economic, administrative and financial reasons for the adoption of this procurement formula.

2. The assessment referred to in the preceding paragraph may be made in a succinct manner if there are grounds for urgency not attributable to the administration or contracting entity advising on the use of the contract of collaboration between the public sector and the private sector in order to meet public needs.

3. The assessment shall be carried out by a collegiate body where experts with sufficient qualifications are integrated into the subject on which the contract is to be viewed.

4. A new assessment shall not be necessary where an organ integrated in the same Administration or entity as the one intending to carry out the contract, or in the administration of which it is linked or linked, has previously made it for an alleged analogue, provided that such prior assessment had not been carried out in a succinct manner for reasons of urgency.

Article 135. Functional program.

The contracting authority shall, in the light of the results of the evaluation referred to in the previous Article, draw up a functional programme containing the basic elements which shall inform the dialogue with the contractors and which shall be included in the descriptive document of the contract. In particular, the nature and scale of the needs to be met, the minimum legal, technical or economic elements which must necessarily include the offers to be admitted to the competitive dialogue, and the criteria for the award of the contract, shall be identified in the functional programme.

Article 136. Contract clause.

Collaboration contracts between the public sector and the private sector must necessarily include, in addition to the clauses relating to the extremes provided for in Article 26, stipulations concerning the following aspects:

(a) Identification of the principal benefits that constitute their subject matter, which shall condition the substantive regime applicable to the contract, in accordance with the provisions of point (m) of this Article and Article 313.

(b) Conditions for the distribution of risks between the administration and the contractor, by breaking down and specifying the allocation of the risks arising from the variation in the costs of benefits and the allocation of the risks of availability or demand for such benefits.

(c) Performance targets assigned to the contractor, particularly as regards the quality of the services provided, the quality of the works and supplies and the conditions under which they are made available to the Administration.

(d) Remuneration of the contractor, which shall break down the basis and criteria for the calculation of the investment, operating and financing costs and, where appropriate, of the revenue which the contractor may obtain from the operation of the works or equipment in the event that it is authorised and compatible with the coverage of the needs of the Administration.

e) Causes and procedures for determining the changes in remuneration over the period of performance of the contract.

(f) Payment formulas and, in particular, conditions in which, at each maturity or in a given period, the amount of payments due to be satisfied by the Administration and the amounts that the contractor has to pay to it as a result of penalties or penalties may be the subject of compensation.

g) Control formulas for the administration of the performance of the contract, in particular with respect to performance objectives, as well as the conditions under which subcontracting may occur.

h) Sanctions and penalties applicable in the event of non-compliance with the obligations of the contract.

(i) Conditions in which an agreement may be concluded or, in the absence thereof, by a unilateral decision of the Administration, the modification of certain aspects of the contract or its resolution, particularly in cases of variation of the needs of the Administration, technological innovations or modification of the financing conditions obtained by the contractor.

j) Control which is reserved by the Administration on the full or partial transfer of the contract.

k) Destination of the works and equipment subject to the contract to the completion of the contract.

l) Guarantees that the contractor affects the performance of its obligations.

m) Reference to the general conditions and, where appropriate, to the special conditions that are relevant to the nature of the principal benefits, which the Law establishes in respect of the prerogatives of the Administration and the execution, modification and extinction of the contracts.

TITLE II

Preparing other contracts

ONLY CHAPTER

Rules applicable to the preparation of contracts concluded by contracting authorities which do not have the status of public administrations and subsidised contracts

Article 137. Establishment of technical prescriptions and preparation of specifications.

1. In contracts concluded by contracting authorities which do not have the status of general government, which are subject to harmonised regulation or which are contracts for services falling within categories 17 to 27 of Annex II of a value equal to or greater than EUR 193,000, as well as for the subsidised contracts referred to in Article 17, the rules laid down in Article 117 for the definition and establishment of technical prescriptions shall be observed, and Articles 118 to 120 shall also apply. If the conclusion of the contract is necessary to meet an indeferable need or if the award is to be accelerated for reasons of public interest, the contracting authority may declare its processing as urgent, giving due reasons in the preparatory documentation. In this case, the provisions of Article 112.2.b shall apply to the reduction of time limits.

2. In contracts other than those referred to in the previous paragraph of a value exceeding EUR 50 000, contracting authorities which do not have the character of public authorities shall draw up a contract of contract, laying down the basic characteristics of the contract, the system of admission of variants, the arrangements for the receipt of tenders, the award criteria and the guarantees to be provided, where appropriate, by tenderers or the successful tenderer, and the provisions of Article 120 shall apply. These specifications shall be an integral part of the contract.

BOOK III

Contractor selection and award of contracts

TITLE I

Award of contracts

CHAPTER I

Award of Public Administrations contracts

Section 1. General Rules

Subsection 1

Article 138. Award procedure.

1. Contracts to be concluded by public administrations shall be awarded in accordance with the rules of this Chapter.

2. The award shall be carried out, ordinarily, using the open procedure or the restricted procedure. In the cases referred to in Articles 170 to 175, the negotiated procedure may be followed, and in the cases provided for in Article 180, the competitive dialogue may be used.

3. Minor contracts may be awarded directly to any employer who has the capacity to act and who has the professional qualification necessary to perform the benefit, in compliance with the rules laid down in Article 111.

Minor contracts are considered to be contracts of less than EUR 50 000, in the case of works contracts, or EUR 18,000, in the case of other contracts, without prejudice to the provisions of Article 206 in relation to centralised works, services and supplies at the State level.

4. The procedure laid down in Section 6 of this Chapter shall be followed in the design contests.

Article 139. Principles of equality and transparency.

The contracting authorities shall give tenderers and candidates equal and non-discriminatory treatment and shall adjust their action to the principle of transparency.

Article 140. Confidentiality.

1. Without prejudice to the provisions of this Law relating to the advertising of the award and the information to be given to candidates and tenderers, the contracting authorities may not disclose the information provided by the employers which they have designated as confidential; this character concerns, in particular, the technical or commercial secrets and the confidential aspects of the tenders.

2. The contractor must respect the confidential nature of that information to which he has access on the occasion of the performance of the contract to which the said character was given in the documents or in the contract, or which by its nature must be treated as such. This duty shall be maintained for a period of five years from the knowledge of that information, unless the specifications or the contract provide for a longer period.

Subsection 2

Article 141. Previous announcement.

1. The contracting authorities may publish a notice of prior information in order to make known, in respect of works contracts, supplies and services which they intend to award within the following 12 months, the following data:

(a) In the case of works contracts, the essential characteristics of those whose estimated value is equal to or greater than EUR 4,845,000.

(b) In the case of supply contracts, their total estimated value, broken down by product groups referred to in the "Common Procurement Vocabulary" (CPV), where that total value is equal to or greater than EUR 750,000.

(c) In the case of service contracts, the total estimated value for each category of those covered by numbers 1 to 16 of Annex II, where that total value is equal to or greater than EUR 750,000.

2. The notices shall be published in the Official Journal of the European Union or in the contracting profile of the contracting authority referred to in Article 53.

If the publication is to be carried out in the contracting profile of the contracting authority, the contracting authority shall inform the European Commission and the "Official State Gazette" in advance by electronic means, in accordance with the format and the methods of transmission to be established. The notice shall indicate the date on which this communication was sent.

3. The notices shall be sent to the Office for Official Publications of the European Communities or shall be published in the contraaing profile as soon as possible after the decision authorising the programme in which the relevant contracts are concluded, in the case of works, or after the beginning of the financial year, in the other notices.

4. The publication of the notice in compliance with the conditions laid down in Articles 159.1 and 167.1 shall allow the time-limits for the submission of proposals to be reduced in the open and restricted procedures in the form specified in those provisions.

Article 142. Call for tenders.

1. The procedures for the award of public administration contracts, with the exception of those negotiated in cases other than those referred to in Article 177 (1) and (2), shall be announced in the "Official State Gazette". However, in the case of contracts of the Autonomous Communities, local entities or bodies or entities governed by public law which are dependent on them, advertising may be replaced in the "Official Gazette of the State" in respect of the daily or provincial official or provincial bulletins.

When the contracts are subject to harmonised regulation, the invitation to tender must also be published in the Official Journal of the European Union, without in this case the advertising carried out in the official or provincial official journals can replace the one to be made in the "Official State Gazette".

2. Where the contracting authority considers it appropriate, the procedures for the award of contracts for works, supplies or services not subject to harmonised regulation may also be announced in the Official Journal of the European Union.

3. The announcement of the notice to the Official Journal of the European Union shall precede any other publicity. Notices published in other newspapers or bulletins shall indicate the date of the consignment, of which the contracting authority shall leave sufficient evidence in the file, and shall not contain any indication other than those contained in that notice.

4. The notices of invitation to tender shall also be published in the contracting profile of the contracting authority. In the negotiated procedures followed in the cases provided for in Article 177.2, such advertising may replace the one to be carried out in the "Official State Gazette" or in the official or provincial official journals.

Subsection 3. Tender

Article 143. Time limits for the submission of requests for participation and proposals.

The contracting authorities shall set the time limits for the receipt of tenders and requests for participation, taking into account the time that may reasonably be necessary to prepare the tenders, and the complexity of the contract, while respecting the minimum time limits laid down in this Law.

Article 144. Reduction of time limits in case of urgent processing.

Where the procurement file has been declared as an urgent procedure, the time limits laid down in this Chapter shall be reduced in the manner provided for in Article 112 (2) (b).

Article 145. Proposals of the interested parties.

1. The proposals of the interested parties must comply with the provisions of the specifications of the individual administrative clauses, and their presentation implies the acceptance of the content of all such clauses or conditions unconditionally, without exception or reservation.

2. The proposals shall be secret and the means to ensure such a nature shall be arbitrated until the time of the public invitation to tender, without prejudice to Articles 148 and 182 as regards the information to be provided to the participants in an electronic auction or in a competitive dialogue.

3. No more than one proposal may be submitted by each tenderer, without prejudice to Article 147 on the admissibility of variants or improvements and Article 148 on the submission of new prices or values within an electronic auction. It will also not be able to subscribe to any proposal in temporary union with others if it has done so individually or appear in more than one temporary union. Infringement of these rules will result in the non-admission of all proposals by the undersigned.

4. In the case of contracts for the award of public works, the presentation of different proposals by related undertakings shall mean the exclusion of the award procedure, for all purposes, from the tenders made. However, if the link is exceeded before the time limit for the submission of tenders is concluded or the time limit for the submission of applications in the restricted procedure, the offer to be determined by common agreement between the undertakings concerned may be subsist.

In other contracts, the presentation of different proposals by related companies will produce the effects that are regulated by the regulation in relation to the application of the offer scheme with abnormal or disproportionate values provided for in Article 152.

Related companies shall be considered to be in any of the cases provided for in Article 42 of the Trade Code.

5. The proposal shall indicate, as an independent item, the amount of the value added tax to be passed on.

Article 146. Presentation of the supporting documentation of the fulfilment of prerequisites.

1. Proposals in the open procedure and requests for participation in restricted and negotiated procedures and in the competitive dialogue should be accompanied by the following documents:

(a) Those who demonstrate the legal personality of the employer and, where appropriate, his representation.

(b) Those who credit the classification of the undertaking, where appropriate, or justify the requirements of its economic, financial and technical or professional solvency.

If the company is to be classified, the document must be provided as proof that it has submitted the corresponding application for this purpose, and must justify being in possession of the required classification within the period laid down in the rules for the development of this Law for the correction of defects or omissions in the documentation.

c) A statement responsible for not being incourseable in a contract. This declaration shall include the expression of the fact that the tax and social security obligations imposed by the provisions in force are complied with, without prejudice to the fact that the evidence of such a requirement must be submitted, before the award, by the employer in whose favour it is to be made.

d) Where appropriate, an e-mail address in which to make the notifications.

e) For foreign companies, in cases where the contract is to be executed in Spain, the declaration to submit to the jurisdiction of the Spanish courts and tribunals of any order, for all the incidents that could arise directly or indirectly from the contract, with the resignation, if any, of the foreign jurisdiction that may correspond to the tender.

2. Where, in accordance with this Law, the presentation of other documents is necessary, this circumstance shall be indicated in the specification of particular administrative clauses or in the descriptive document and in the corresponding notice of invitation to tender.

3. Where the accreditation of the circumstances referred to in points (a) and (b) of paragraph 1 is carried out by the certification of an Official Register of Tenders and Sized Enterprises provided for in Article 83 (2), or by means of a Community certificate of classification in accordance with Article 84, a statement responsible for the tenderer shall be accompanied by a declaration stating that the circumstances reflected in the relevant certificate have not changed. Such a demonstration shall be repeated, if successful, in the document in which the contract is concluded, without prejudice to the fact that the contracting authority may, if it considers it appropriate, consult the Official Register of Tenderers And Classified Undertakings.

The certificate of the Official Registry of Tenders and Classified Enterprises may be issued electronically, unless otherwise specified in the contract documents or contract notice. If the contract documents or the contract notice so provide, 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 corresponds, directly requesting it from the Official Register of Tenders and Classified Enterprises, without prejudice to the fact that the tenderers must in any case present the responsible declaration indicated in the preceding paragraph.

Article 147. Eligibility of variants or improvements.

1. Where criteria other than the price are to be taken into account in the award, the contracting authority may take into consideration the variants or improvements offered by the tenderers, provided that the specification of the individual administrative clauses expressly provides for such a possibility.

2. The possibility for tenderers to offer variants or improvements shall be indicated in the contract notice specifying which elements and under which conditions their presentation shall be authorised.

3. In procedures for the award of supply or service contracts, contracting authorities which have authorised the submission of variants or improvements may not reject one of them for the sole reason that, if elected, it would result in a service contract rather than a supply contract or a supply contract rather than a service contract.

Article 148. Electronic auction.

1. An electronic auction, articulated as an iterative process, which takes place after a first full evaluation of the tenders, may be held for the purpose of the award of the contract, for the presentation of price improvements or for new values relating to certain elements of the tenders which improve them as a whole, based on an electronic device which allows its classification by means of automatic evaluation methods.

2. The electronic auction may be used in the open procedures, in the restricted procedures, and in the negotiated procedures to be followed in the case provided for in Article 170 (a), provided that the specifications of the contract to be awarded can be established in a precise manner and that the performance of the contract is not of an intellectual nature. Electronic auctions shall not be used in an abusive manner or in such a way as to prevent, restrict or distort competition or to change the subject matter of the contract.

3. The electronic auction shall be based on variations relating to the price or values of the elements of the offer which are quantifiable and liable to be expressed in figures or percentages.

4. Contracting authorities which decide to use an electronic auction shall indicate in the contract notice and include in the specification the following information:

a) The elements whose values the electronic auction refers to;

(b) where applicable, the limits of the values that may be presented, as they result from the specifications of the subject-matter of the contract;

(c) the information to be made available to the tenderers during the electronic auction and the time at which it will be provided;

d) how the auction will be developed;

(e) the conditions under which the tenderers may bid, and in particular the minimum improvements that will be required, where appropriate, for each bid;

f) the electronic device used and the technical connection modes and specifications.

5. Before the electronic auction is carried out, the contracting authority shall carry out a first full evaluation of the tenders in accordance with the award criteria and shall simultaneously invite, by electronic, computer or telematic means, all tenderers who have submitted admissible tenders to submit new revised prices or new securities to improve the offer.

6. The invitation shall include all relevant information for the individual connection to the electronic device used and shall specify the date and time of commencement of the electronic auction.

The mathematical formula that will be used for the automatic reclassification of the offers according to the new prices or the new values to be presented will also be indicated. This formula shall incorporate the weighting of all the criteria laid down for determining the most economically advantageous tender, as indicated in the contract notice or in the contract, for which, any number of securities bands must be expressed in advance with a specified value. If variants or improvements are to be authorised, different formulae shall be provided for each, if this is appropriate.

When a plurality of criteria are to be taken into account for the award of the contract, the outcome of the tender submitted by the tenderer shall be accompanied by the invitation.

7. Between the date of dispatch of the invitations and the start of the electronic auction, at least two working days shall elapse.

8. The electronic auction may be held in several successive stages.

9. Throughout each phase of the auction, and on a continuous and instantaneous basis, the tenderers shall be informed, at least, of the information to enable them to know their respective classification at any time. In addition, other data relating to the prices or values presented by the remaining tenderers may be provided, provided that this is provided for in the contract documents, and the number of those participating in the relevant auction stage is announced, without any disclosure of their identity.

10. The closing of the auction shall be fixed by reference to one or more of the following criteria:

a) By means of a specific date and time, which must be indicated in the invitation to participate in the auction.

(b) In view of the absence of any new prices or new values that meet the requirements laid down in relation to the formulation of minimum improvements.

For use of this reference, the invitation to participate in the auction shall specify the period of time to elapse from the receipt of the last bid before declaring its closure.

c) By the end of the number of phases set in the invitation to participate in the auction. Where the closing of the auction is to be carried out using this criterion, the invitation to participate in the auction shall indicate the timetable for each of its phases.

11. Upon completion of the electronic auction, the contract shall be awarded in accordance with Article 151, in the light of its results.

Article 149. Succession in the procedure.

If, during the processing of a procedure and before the award, the extinction of the legal personality of a bidding company or candidate by merger, division or the transfer of its business assets is produced, it will take into account in its position in the procedure the absorbing societies, those resulting from the merger, the beneficiaries of the division or the acquirers of the patrimony or the corresponding branch of activity, provided that it meets the conditions of capacity and the absence of prohibitions to hire and accredit its solvency and classification in the conditions laid down in the specification for particular administrative clauses in order to participate in the award procedure.

Subsection 4. Successful Adjudicator Selection

Article 150. Criteria for the assessment of tenders.

1. For the assessment of proposals and the determination of the most economically advantageous tender, criteria directly linked to the subject-matter of the contract, such as the quality, the price, the formula used to review the remuneration linked to the use of the work or the provision of the service, the period of execution or delivery of the benefit, the cost of use, the environmental characteristics or the satisfaction of social requirements which meet the needs defined in the specifications of the contract, shall be met. particularly disadvantaged categories of population to which the users or beneficiaries of the benefits to be recruited, the profitability, the technical value, the aesthetic or functional characteristics, the availability and cost of spare parts, maintenance, technical assistance, after-sales service or other such persons belong.

When only one award criterion is used, this must necessarily be the lowest price.

2. The criteria to be used as a basis for the award of the contract shall be determined by the contracting authority and shall be detailed in the notice, in the specifications of the individual administrative clauses or in the descriptive document.

In the determination of the award criteria, preponderance will be given to those who refer to characteristics of the object of the contract that can be valued by means of figures or percentages obtained through the mere application of the formulas established in the documents. Where, in an invitation to tender followed by an open or restricted procedure, the criteria for the automatic application of formulae are assigned a weighting lower than that corresponding to the criteria for which the quantification depends on a value judgment, a committee shall be set up having a minimum of three members, consisting of experts not integrated in the contract proposing body and with appropriate qualifications, which shall be responsible for carrying out the evaluation of the tenders in accordance with the latter criteria, or to entrust this assessment to a technical body. specialised, duly identified in the specifications.

The evaluation of the offers according to the quantifiable criteria by means of the mere application of formulas will be carried out after having previously carried out the one of those other criteria in which this circumstance does not exist, leaving a documentary record of it. The rules for the development of this Law will determine the assumptions and conditions in which such prior assessment should be made public, as well as the way in which proposals should be submitted in order to enable this separate assessment.

3. The assessment of more than one criterion shall, in particular, take into account the award of the following contracts:

a) Those whose projects or budgets have not been previously established and must be submitted by the tenderers.

(b) Where the contracting authority considers that the definition of the benefit is liable to be improved by other technical solutions, to be proposed by the tenderers by means of variants, or by reductions in their execution time.

(c) Those for the execution of which the contracting authority, body or entity provides material or ancillary means whose good use requires special guarantees on the part of the contractors.

d) Those who require the use of particularly advanced technology or whose performance is particularly complex.

e) Public service management contracts.

(f) Supply contracts, unless the products to be purchased are perfectly defined as being standardised and it is not possible to change the delivery times or to make any changes to the contract, the price being the sole determining factor of the award.

(g) Service contracts, unless the benefits are perfectly defined technically and it is not possible to change the delivery periods or to make any changes to the contract, the price being the sole determining factor of the award.

(h) Contracts whose performance may have a significant impact on the environment, the award of which will assess measurable environmental conditions such as the least environmental impact, saving and efficient use of water and energy and materials, the environmental cost of the life cycle, ecological production processes and methods, the generation and management of waste or the use of recycled or reused materials or organic materials.

4. Where more than one criterion is taken into account, the relative weighting attributed to each criterion must be specified, which may be expressed by setting a range of values with an appropriate amplitude. In the case of the award procedure being articulated in several stages, it shall also be indicated where the different criteria will be applied, as well as the minimum score threshold required of the tenderer to continue in the selective process.

When, for duly justified reasons, it is not possible to weigh the chosen criteria, they shall be listed in descending order of importance.

5. The criteria chosen and their weighting shall be indicated in the notice of invitation to tender if it is to be published.

6. The documents or the contract may, in accordance with the provisions of Article 212.1, lay down penalties for cases of non-compliance or defective performance of the benefit which affect the characteristics of the service which have been taken into account in defining the award criteria, or attribute to the point of order observance of these characteristics the nature of the contractual obligation essential for the purposes referred to in Article 223.f.

Article 151. Classification of the tenders, award of the contract and notification of the award.

1. The contracting authority shall classify, in descending order, the proposals submitted and which have not been declared disproportionate or abnormal in accordance with the following Article. In order to carry out such a classification, it shall meet the award criteria set out in the contract or in the notice, and may ask for such technical reports as appropriate. Where the only criterion to be considered is the price, the most economically advantageous tender is the one which incorporates the lowest price.

2. The contracting authority shall require the tenderer to have submitted the most economically advantageous tender so that, within 10 working days, from the following to the one in which he has received the requirement, he shall present the supporting documentation of the current in the performance of his tax and social security obligations or authorise the contracting authority to obtain, in direct form, the accreditation of the means which he would have undertaken to dedicate or to assign to the performance of the contract in accordance with the Article 64.2, and have constituted the final guarantee which is appropriate. The corresponding certificates may be issued by electronic, computer or telematic means, unless otherwise specified in the documents.

The autonomic rules for the development of this Law may set a longer period than that provided for in this paragraph, without exceeding the 20 working days.

If the requirement is not properly completed within the prescribed period, the tenderer shall be deemed to have withdrawn its tender, in that case to obtain the same documentation from the following tenderer, in the order in which the tenders are classified.

3. The contracting authority shall award the contract within five working days of receipt of the documentation. In negotiated procedures and competitive dialogue, the award shall specify and determine the final terms of the contract.

A tender shall not be declared void where there is any tender or offer which is admissible in accordance with the criteria set out in the contract.

4. The award shall be reasoned, the candidates or tenderers shall be notified and, at the same time, published in the contraaing profile.

The notification must, in any event, contain the necessary information to enable the excluded tenderer or candidate to file, in accordance with Article 40, a sufficiently well-founded remedy against the award decision.

In particular it will express the following extremes:

(a) In relation to the rejected candidates, the summary of the reasons for the rejection of his candidacy.

(b) In respect of tenderers excluded from the award procedure, also in summary form, the reasons why their offer has not been accepted.

(c) In any event, the name of the successful tenderer, the characteristics and advantages of the successful tenderer's proposition that the tender of the successful tenderer has been selected, with preference to those of the other tenderers whose tenders have been accepted.

The confidentiality exception contained in Article 153 shall apply to the reasons for the award.

In any case, the notification and the contraaing profile shall indicate the period within which it is to be formalised in accordance with Article 156.3.

The notification shall be made by any of the means which allow the recipient to be placed on record. In particular, it may be effected by e-mail to the address that the tenderers or candidates have appointed when submitting their proposals, in the terms laid down in Article 28 of Law 11/2007, of June 22, of Electronic Access of Citizens to Public Services. However, the time limit for the rejection of the notification, with the effects provided for in Article 59.4 of Law No 30/1992 of 26 November 1992, shall be five days.

Article 152. Offers with abnormal or disproportionate values.

1. Where the sole criterion of objective value to be considered for the award of the contract is that of its price, the disproportionate or abnormal nature of the tenders may be assessed in accordance with the objective parameters laid down in regulation, by reference to the set of valid tenders submitted.

2. Where more than one assessment criterion is to be considered for the award, the objective parameters may be expressed in the specifications according to which, where appropriate, the proposal cannot be fulfilled as a result of the inclusion of abnormal or disproportionate values. If the price offered is one of the objective criteria to be used as a basis for the award, the limits may be indicated in the statement of limitations which allow the assessment, where appropriate, that the proposal cannot be complied with as a result of disproportionate or abnormal offers.

3. Where a proposal is identified which may be considered to be disproportionate or abnormal, the tenderer who has submitted it shall be heard to justify the assessment of the offer and to specify the conditions of the offer, in particular as regards the savings permitted by the procedure for the performance of the contract, the technical solutions adopted and the exceptionally favourable conditions available for the performance, the originality of the proposed benefits, the respect of the provisions relating to the protection of employment and the conditions of employment. work in force at the place where the benefit is to be provided, or the possibility of obtaining State aid.

Technical advice for the relevant service should be requested in the procedure.

If the tender is abnormally low because the tenderer has obtained State aid, the proposal for this sole cause may be rejected only if the latter cannot prove that such aid has been granted without contravening the Community provisions on State aid. The contracting authority which rejects an offer for this reason shall inform the European Commission thereof, where the award procedure relates to a contract subject to harmonised regulation.

4. If the contracting authority, in the light of the justification made by the tenderer and the reports referred to in the previous paragraph, considers that the offer cannot be fulfilled as a result of the inclusion of abnormal or disproportionate values, it shall exclude it from the classification and agree to the award in favour of the most economically advantageous proposition, in accordance with the order in which they were classified in accordance with paragraph 1 of the previous Article.

Subsection 5. Th Information Obligations on the outcome of the procedure

Article 153. Non-publicable information.

The contracting authority may not communicate certain data relating to the award where it considers, duly supporting it in the file, that the disclosure of such information may impede the application of a rule, would be contrary to the public interest or would prejudice legitimate commercial interests of public or private undertakings or fair competition between them, or in the case of contracts declared secret or reserved or whose execution must be accompanied by special security measures in accordance with the law in force, or where required the protection of the essential interests of the security of the State and has been declared in accordance with the provisions of Article 13.2.d.

Article 154. Advertising of the formalisation of contracts.

1. The formalisation of contracts whose value is equal to or greater than the quantities referred to in Article 138.3 shall be published in the contracting profile of the contracting authority indicating at least the same data as mentioned in the award notice.

2. Where the amount of the contract is equal to or greater than EUR 100 000 or, in the case of contracts for the management of public services, where the budget of first establishment expenses is equal to or greater than that amount or its period of duration exceeds five years, it shall also be published in the 'Official Gazette of the State' or in the respective Diaries or Official Bulletins of the Autonomous Communities or of the Provinces, an advertisement in which the said formalisation is taken into account, within a period not exceeding forty-eight days from the date of the same.

In the case of contracts subject to harmonised regulation, the notice shall be sent, within the period referred to in the preceding paragraph, to the Official Journal of the European Union and published in the Official Journal of the State.

3. In the case of service contracts falling within categories 17 to 27 of Annex II and of a value equal to or greater than EUR 193,000, the contracting authority shall communicate the award to the European Commission, indicating whether it considers it to be published.

4. In the cases referred to in the previous Article, the contracting authority may not publish certain information concerning the award and formalisation of the contract, duly supporting it in the file.

Article 155. Waiver of the conclusion of the contract and withdrawal of the award procedure by the Administration.

1. Where the contracting authority renounces to conclude a contract for which it has issued the relevant call, or decides to restart the procedure for its award, it shall notify the candidates or tenderers thereof, also informing the European Commission of this decision when the contract has been announced in the Official Journal of the European Union.

2. The waiver of the conclusion of the contract or the withdrawal of the procedure may be agreed only by the contracting authority before the award. In both cases, candidates or tenderers shall be compensated for the costs incurred, in the manner provided for in the notice or in the contract, or in accordance with the general principles governing the administration's responsibility.

3. The conclusion of the contract may only be waived for reasons of public interest duly justified in the case. In this case, a new invitation to tender for its subject matter cannot be promoted as long as the reasons for the waiver are based.

4. The withdrawal of the proceedings must be based on a non-subsable infringement of the rules for the preparation of the contract or the rules governing the award procedure, and the concurrency of the case must be justified in the case. Withdrawal shall not prevent the immediate initiation of a new tendering procedure.

Subsection 6. Contract Formalization

Article 156. Formalisation of contracts.

1. Contracts to be concluded by public authorities shall be formalised in an administrative document which is in accordance with the conditions of the invitation to tender, and shall be sufficient to access any public register. However, the contraaor may request that the contraa be raised to a public deed, with the corresponding expenditure running from his office. In no case may they be included in the document in which the contract is formalized clauses that imply alteration of the terms of the award.

2. In the case of minor contracts as defined in Article 138.3, the provisions of Article 111 shall be as regards their formalisation.

3. If the contract is eligible for special use in the area of procurement in accordance with Article 40.1, formalisation may not take place before 15 working days have elapsed since the notification of the award to tenderers and candidates has been sent. The Autonomous Communities may increase this period, without exceeding one month.

The contracting authority shall require the successful tenderer to formalise the contract within five days from the time of the contract in which he received the order, after the period laid down in the preceding subparagraph has elapsed without any appeal having been brought for the suspension of the formalisation of the contract. The same shall apply where the competent body for the decision of the appeal has lifted the suspension.

In the other cases, the formalisation of the contract must be carried out no later than the fifteen working days following the one in which the notification of the award is received to the tenderers and candidates in the manner provided for in Article 151.4.

4. Where, for reasons attributable to the successful tenderer, the contract has not been concluded within the prescribed period, the Administration may agree to the seizure of the final guarantee of the amount of the provisional guarantee which it would have required.

If the causes of the non-formalization are imputable to the Administration, the contractor will be compensated for the damages that the delay could cause.

5. The performance of the contract may not be initiated without its prior formalisation, except in the cases provided for in Article 113 of this Law.

Section 2. First Open Procedure

Article 157. Delimitation.

In the open procedure every interested businessman will be able to present a proposal, leaving out any negotiation of the terms of the contract with the tenderers.

Article 158. Information to the tenderers.

1. Where access by electronic, computerised or telematic means has not been provided to the documents and to any supporting documents, they shall be sent to the parties concerned within six days of receipt of a request in that regard, provided that the request has been submitted, before the time limit for the submission of tenders expires, in advance of the contracting authority, having regard to the circumstances of the contract and of the procedure, in the documents.

2. The additional information requested on the documents and on the supplementary documentation shall be provided at least six days before the deadline for the receipt of tenders, provided that the request has been submitted in advance as the contracting authority, in accordance with the circumstances of the contract and the procedure, has indicated in the documents.

3. Where, in spite of having been requested in due time, the documents and documents or supplementary information have not been provided within the time limits laid down or where the tenders can only be made after a visit on the spot or after consultation "on the spot" of the documents annexed to the contract, the time limits for the receipt of tenders shall be extended in such a way that all the parties concerned may be aware of all the information necessary to make the tenders.

Article 159. Deadlines for the submission of proposals.

1. In procedures for the award of contracts subject to harmonised regulation, the time limit for submission of proposals shall not be less than fifty-two days from the date of dispatch of the contract notice to the European Commission. This period may be reduced by five days when access by electronic means is offered to the documents and to the supporting documentation.

If the prior notice referred to in Article 141 has been sent, the time limit for submission of proposals may be reduced by up to thirty-six days, as a general rule, or, in duly justified exceptional cases, up to twenty-two days. This reduction of the time limit shall be admissible only if the notice of prior information has been sent for publication before the fifties and two days and within 12 months before the date of dispatch of the contract notice, provided that all the information required for it has been included in it.

The deadlines set out in the previous two paragraphs may be reduced by seven days when the notices are prepared and sent by electronic, computer or telematic means. This reduction may be added, where appropriate, to the five-day reduction provided for in the final subparagraph of the first subparagraph.

In these proceedings, the publication of the invitation to tender in the "Official Gazette of the State" must be made, in any case, with a minimum advance equivalent to the time limit set for the submission of the proposals in the following paragraph.

2. In the case of public administration contracts which are not subject to harmonised regulation, the time limit for the submission of proposals shall not be less than 15 days from the publication of the contract notice. In the case of works contracts and public works contracts, the period shall be at least twenty-six days.

Article 160. Examination of proposals and proposals for the award.

1. The body responsible for the assessment of the proposals shall, in advance, describe the documentation referred to in Article 146, which shall be submitted by the tenderers in respect of the proposal in question. It shall then proceed to the opening and examination of the proposals, making the corresponding proposal for the award to the contracting authority, after having weighted the criteria to be applied for the selection of the successful tenderer, and without prejudice to the intervention of the committee of experts or of the specialised technical body referred to in Article 150.2 in the cases provided for therein, whose assessment of the criteria requiring a value judgment shall bind the latter for the purposes of formulating the proposal. The opening of the proposals must be made within a maximum of one month from the date of the end of the period for submitting tenders. In any event, the opening of the economic tender shall be carried out in public, except where it is envisaged that electronic means may be used in the invitation to tender.

When criteria other than the price are to be taken into account when assessing proposals, the competent body may request, before formulating its proposal, how many technical reports it considers to be accurate. These reports may also be requested where it is necessary to verify that the tenders comply with the technical specifications of the specifications.

2. The award proposal does not create any right in favour of the proposed tenderer vis-à-vis the administration. However, where the contracting authority does not award the contract in accordance with the proposed proposal, it shall give reasons for its decision.

Article 161. Award.

1. Where the only criterion to be considered for selecting the successful tenderer is that of the price, the award shall be paid within a maximum of 15 days from the date of the opening of the proposals.

2. Where, for the award of the contract, a plurality of criteria are to be taken into account, the maximum period for the award shall be two months from the opening of the proposals, unless another one has been established in the specification of particular administrative clauses.

3. The time limits referred to in the preceding paragraphs shall be extended by 15 working days where the formalities referred to in Article 152.3 need to be followed.

4. If the award is not made within the time limit, the tenderers shall be entitled to withdraw their proposal.

Section 3. Restricted Procedure

Article 162. Characterization.

In the restricted procedure only those entrepreneurs who, at their request and in consideration of their solvency, will be selected by the contracting authority may submit proposals. In this procedure, any negotiation of the terms of the contract with the applicants or candidates shall be prohibited.

Article 163. Criteria for the selection of candidates.

1. Prior to the announcement of the invitation to tender, the contracting authority shall have established the objective criteria for solvency, among those referred to in Articles 75 to 79, on the basis of which the candidates to be invited to submit proposals shall be chosen.

2. The contracting authority shall indicate the minimum number of employers to whom it shall invite to participate in the procedure, which may not be less than five. The contracting authority may also set the maximum number of candidates to be invited to submit tenders if it considers that appropriate.

In any case, the number of invited candidates must be sufficient to ensure effective competition.

3. The objective and non-discriminatory criteria or rules according to which the candidates shall be selected and the minimum number and, where appropriate, the maximum number of those invited to submit proposals shall be indicated in the contract notice.

Article 164. Requests to participate.

1. In the procedures for the award of contracts subject to harmonised regulation, the time limit for the receipt of requests for participation may not be less than thirty-seven days from the date of dispatch of the notice to the Official Journal of the European Union. In the case of contracts for the award of public works, this period may not be less than fifty-two days. This period may be reduced by seven days when the notices are sent by electronic, computer and telematic means.

In these cases, the publication of the invitation to tender in the "Official State Gazette" should be made at least in advance of the time limit set for the submission of requests for participation in the following paragraph.

2. In the case of contracts not subject to harmonised regulation, the time limit for the submission of requests for participation shall be at least 10 days from the publication of the notice.

3. Requests for participation shall be accompanied by the documentation referred to in Article 146.1.

Article 165. Selection of applicants.

1. The contracting authority shall, after having verified the personality and solvency of the applicants, select those who are required to move to the next stage, to which it shall simultaneously and in writing invite the applicants to submit their proposals within the time limit set out in Article 167.

2. The number of candidates invited to submit proposals shall be at least equal to the minimum which, if appropriate, has been fixed in advance. Where the number of candidates meeting the selection criteria is lower than that minimum number, the contracting authority may continue the procedure with which it meets the required conditions, without being able to invite employers who have not applied to participate in it, or candidates who do not have such conditions.

Article 166. Content of the invitations and information to the guests.

1. The invitations shall contain a reference to the contract notice published and shall indicate the closing date for the receipt of tenders, the address to which they are to be sent and the language in which they are to be drawn up, if any other in addition to the Spanish, the criteria for the award of the contract to be taken into account and their relative weighting or, where appropriate, the descending order of importance attributed to them, if they are not included in the contract notice, and the place, day and time of the opening of proposals.

2. The invitation to the candidates shall include a copy of the documents and copies of the supplementary documentation, or shall contain the relevant information to enable access to these documents, where they have been placed directly at their disposal by electronic, computer and telematic means in accordance with the provisions of paragraph 1 of the following Article.

3. Where the documents or supplementary documents are held by an entity or body other than the one in which the procedure is dealt with, the invitation shall specify the manner in which such documentation may be requested and, where appropriate, the closing date for such documentation, as well as the amount and arrangements for payment of the amount which, where appropriate, is to be paid. The competent authorities shall forward such documentation without delay to the persons concerned upon receipt of their request.

4. The contracting authorities or the competent authorities shall, before six days before the deadline for the receipt of tenders, provide the additional information on the documents or supplementary documents requested in good time by the candidates.

5. The procedure laid down in Article 158.3 shall also apply to this procedure.

Article 167. Proposals.

1. The time limit for the receipt of tenders in the procedures relating to contracts subject to harmonised regulation may not be less than 40 days from the date of dispatch of the written invitation. This period may be reduced by five days when access by electronic, computer and telematic means is offered to the documents and to the supplementary documentation.

If the prior notice referred to in Article 141 has been sent, the time limit may be reduced, as a general rule, to thirty-six days or, in exceptional cases duly justified, up to twenty-two days. This reduction of the time limit shall be admissible only if the notice of prior information has been sent for publication before the fifties and two days and after the 12 months preceding the date of dispatch of the contract notice, provided that all the information required for it has been included in it.

2. In procedures relating to contracts not subject to harmonised regulation, the time limit for the submission of proposals shall not be less than 15 days from the date of dispatch of the invitation.

Article 168. Award.

In the award of the contract, the provisions of Articles 160 and 161 shall apply, with the exception of the need to qualify the documentation referred to in Article 146 in advance.

Section 4. Negotiated Procedure

Article 169. Characterization.

1. In the negotiated procedure, the award shall lie with the tenderer justifiably chosen by the contracting authority, after consulting with several candidates and negotiating the terms of the contract with one or more of them.

2. The negotiated procedure shall be the subject of prior publicity in the cases provided for in Article 177, in which the submission of tenders by any interested employer shall be possible. In the other cases, it will not be necessary to give publicity to the procedure, ensuring the concurrency by complying with the provisions of Article 178.1.

Subsection 1. Rd Application Assumptions

Article 170. General assumptions.

In the terms that are set for each type of contract in the following Articles, the contracts to be concluded by the Public Administrations may be awarded by negotiated procedure in the following cases:

(a) Where the economic proposals or offers in the open, restricted or competitive dialogue procedures previously followed are irregular or unacceptable because they have been submitted by employers lacking aptitude, for failure to comply with the offers of the legal obligations relating to taxation, protection of the environment and working conditions referred to in Article 119, for infringing the conditions for the submission of variants or improvements, or for including abnormal or disproportionate values, provided that they are not amended substantially the original terms of the contract.

(b) In exceptional cases, in the case of contracts where, by reason of their characteristics or the risks involved, the overall price cannot be determined in advance.

(c) Where, after an open or restricted procedure has been followed, no bid or bid has been submitted, or the tenders are not suitable, provided that the initial terms of the contract are not substantially altered. In the case of contracts subject to harmonised regulation, a report shall be sent to the Commission of the European Union if it so requests.

(d) Where, for technical or artistic reasons or for reasons relating to the protection of exclusive rights, the contract may be entrusted to a particular employer only.

(e) Where an imperative urgency, resulting from unforeseeable events for the contracting authority and not attributable to it, requires a prompt execution of the contract which cannot be achieved by the application of the urgency procedure as referred to in Article 112.

(f) Where the contract has been declared secret or reserved, or where its execution must be accompanied by special security measures in accordance with the law in force, or where the protection of the essential interests of the security of the State so requires, and has been declared in accordance with the provisions of Article 13.2.d.

(g) In the case of contracts falling within the scope of Article 346 of the Treaty on the Functioning of the European Union.

Article 171. Works contracts.

In addition to the cases provided for in Article 170, works contracts may be awarded by negotiated procedure in the following cases:

(a) Where the works are carried out solely for the purpose of research, experimentation or improvement and not in order to obtain a return or to cover research or development costs.

(b) In the case of additional works not included in the project or in the contract, or in the draft concession and its initial contract, but which, due to a circumstance which could not have been provided for by a diligent contracting authority, become necessary to carry out the work as described in the draft or in the contract without amending it, and the execution of which is entrusted to the contractor of the main work or the public works dealer in accordance with the prices for the original contract or which, where appropriate, are to be determined as being contradictory, provided that the works cannot be technically or economically separated from the original contract without causing major inconvenience to the contracting authority or which, even if they are separable, are strictly necessary for their processing, and that the cumulative amount of the additional works does not exceed 50% of the original amount of the contract.

(c) Where the works consist of the repetition of similar contracts awarded by open procedure or restricted to the same contractor by the contracting authority, provided that they are in conformity with a basic project which has been the subject of the initial contract awarded by those procedures, that the possibility of using this procedure is indicated in the contract notice of the initial contract and that the amount of the new works has been computed by fixing the total amount of the contract.

This procedure may only be used for a period of three years from the formalisation of the initial contract.

d) In any case, when its estimated value is less than one million euros.

Article 172. Public service management contracts.

In addition to the assumptions provided for in Article 170, the negotiated procedure for awarding public service management contracts may be used in the following cases:

(a) In the case of public services in respect of which it is not possible to promote concurrency in the offer.

(b) The management of services whose budget of first establishment expenditure is less than EUR 500 000 and its duration is less than five years.

(c) Those relating to the provision of health care provided with outside means, arising from a collaboration agreement between the Public Administrations or a framework contract, provided that it has been awarded subject to the rules of this Law.

Article 173. Supply contracts.

In addition to the cases provided for in Article 170, supply contracts may be awarded by the negotiated procedure in the following cases:

(a) In the case of the acquisition of movable property belonging to the Spanish Historical Heritage, subject to its assessment by the Board of Qualification, Valuation and Export of Goods of the Spanish Historical Heritage or a body recognized for the effect of the Autonomous Communities, which are destined for museums, archives or libraries.

(b) Where products are manufactured exclusively for research, experimentation, study or development purposes; this condition does not apply to serial production intended to establish the commercial viability of the product or to recover research and development costs.

(c) In the case of additional deliveries by the initial supplier which are either a partial replacement of supplies or current use facilities or an extension of existing supplies or installations, if the change of supplier requires the contracting authority to acquire material with different technical characteristics, resulting in incompatibilities or disproportionate technical difficulties in use and maintenance. The duration of such contracts, as well as that of renewable contracts, may not, as a general rule, be longer than three years.

(d) In the case of acquisition in organised markets or bags of raw materials of supplies that are listed on them.

(e) In the case of a concerted supply on particularly advantageous terms with a supplier who ceases to be definitively in his business, or with the administrators of a competition, or through a judicial agreement or a procedure of the same nature.

f) In any case, when its estimated value is less than EUR 100,000.

Article 174. Service contracts.

In addition to the cases provided for in Article 170, service contracts may be awarded by negotiated procedure in the following cases:

(a) Where due to the characteristics of the benefit, in particular in the case of contracts which are intended for the purpose of intellectual property and those falling within category 6 of Annex II, it is not possible to lay down their conditions with the necessary precision to award it by open or restricted procedure.

(b) In the case of ancillary services not included in the project or in the contract but which, due to a circumstance which could not have been provided for by a diligent contracting authority, become necessary to carry out the service as described in the draft or the contract without amending it, and the execution of which is entrusted to the employer to whom the main contract was awarded in accordance with the prices for which the contract is governed or which, where appropriate, are to be fixed, provided that the services cannot be technically or economically separated from the contract without causing major inconvenience to the contracting authority or which, even if they are separable, are strictly necessary for its further development and that the cumulative amount of the additional services does not exceed 50% of the original amount of the contract.

(c) Where the services consist in the repetition of similar contracts awarded by open procedure or restricted to the same contractor by the contracting authority, provided that they are in conformity with a basic project which has been the subject of the initial contract awarded by those procedures, that the possibility of using this procedure is indicated in the contract notice of the initial contract and that the amount of the new services has been computed by fixing the total amount of the contract.

This procedure may only be used for a period of three years from the formalisation of the initial contract.

(d) Where the contract in question is the result of a competition and, in accordance with the applicable rules, the winner must be awarded. In case there are several winners, all of them should be invited to participate in the negotiations.

e) In any case, when its estimated value is less than EUR 100,000.

Article 175. Other contracts.

Unless otherwise provided in the special rules governing the regulations, the remaining contracts of public administrations may be awarded by negotiated procedure in the cases provided for in Article 170 and, in addition, where their estimated value is less than EUR 100 000.

Subsection 2. Fulfillment

Article 176. Delimitation of the subject matter of negotiation.

In the specification of particular administrative clauses, the economic and technical aspects which, if any, should be the subject of negotiation with the companies, will be determined.

Article 177. Notice of invitation to tender and submission of requests for participation.

1. Where the negotiated procedure is followed by the circumstances referred to in Article 170 (a) and (b), Article 171 (a) or Article 174 (a), the contracting authority shall publish a notice of invitation to tender in the form provided for in Article 142.

The publication of the notice may be dispensed with when the negotiated procedure has been followed for irregular or unacceptable offers in the background proceedings, provided that all tenderers are included in the negotiation as in the open or restricted procedure, or in the competitive dialogue procedure followed previously, they have submitted tenders in accordance with the required formal requirements, and only to them.

2. Similarly, in contracts which are not subject to harmonised regulation which may be awarded by a negotiated procedure, the amount of which is lower than that referred to in Articles 171 (d), 172 (b), 173 (f), 174 (e) and 175, notices shall be published in accordance with Article 142 where the estimated value is greater than EUR 200,000, in the case of works contracts, or EUR 60,000, in the case of other contracts.

3. The rules contained in Articles 163 to 166, both inclusive, shall apply to the negotiated procedure, in cases where the publication of notices of invitation to tender is made. However, where it is decided to limit the number of undertakings to which it is invited to negotiate, account shall be taken of the provisions of paragraph 1 of the following Article.

Article 178. Negotiation of the terms of the contract.

1. In the negotiated procedure, it will be necessary to ask for tenders, at least, for three companies qualified for the purpose of the contract, provided that this is possible.

2. The contracting authorities may articulate the negotiated procedure in successive stages in order to progressively reduce the number of tenders to be negotiated by applying the award criteria set out in the contract notice or in the contract documents, indicating in those cases whether this option is to be used. The number of solutions reaching the final stage should be sufficiently broad to ensure effective competition, provided that a sufficient number of suitable solutions or candidates have been submitted.

3. During the negotiation, the contracting authorities shall ensure that all tenderers are treated equally. In particular, they shall not provide, in a discriminatory manner, information which may give advantages to certain tenderers in respect of the rest.

4. The contracting authorities shall negotiate with the tenderers the tenders they have submitted in order to adapt them to the requirements set out in the specification of particular administrative clauses and in the contract notice, where appropriate, and in any additional documents, in order to identify the most economically advantageous tender.

5. The file must be kept on record of the invitations received, the tenders received and the reasons for their acceptance or rejection.

Section 5. Competitive Dialog

Article 179. Characterization.

1. In the competitive dialogue, the contracting authority conducts a dialogue with the selected candidates, upon request, in order to develop one or more solutions that can meet their needs and which will serve as a basis for the chosen candidates to present an offer.

2. The contracting authorities may establish premiums or compensation for participants in the dialogue.

Article 180. Application assumptions.

1. The competitive dialogue may be used in the case of particularly complex contracts where the contracting authority considers that the use of the open procedure or the use of the restricted procedure does not allow for proper award of the contract.

2. For these purposes, a contract shall be deemed to be particularly complex where the contracting authority is not objectively capable of defining, in accordance with Article 117 (3) (b), (c) or (d), the technical means to meet its needs or objectives, or to determine the legal or financial coverage of a project.

3. Contracts for cooperation between the public sector and the private sector referred to in Article 11 shall be awarded by this procedure, without prejudice to the possibility of the procedure being negotiated with advertising in the case provided for in Article 170,a.

Article 181. Opening of the procedure and requests for participation.

1. The contracting authorities shall publish a contract notice setting out their requirements and requirements, which they shall define in that notice or in a descriptive document.

2. The rules contained in Articles 163 to 165 shall apply in this procedure, inclusive. However, in the event of a decision to limit the number of undertakings to be invited to take part in the dialogue, the dialogue may not be less than three.

3. The invitations to take part in the dialogue shall contain a reference to the notice of invitation to tender published and shall indicate the date and place of initiation of the consultation phase, the usable language or languages, if any other, in addition to the Spanish, is allowed, documents relating to the conditions of fitness which, where appropriate, must be attached, and the relative weighting of the criteria for the award of the contract or, where appropriate, the decreasing order of importance of those criteria, if they were not included in the contract notice. The provisions of Article 166 (2) to (5) shall apply as regards the documentation to accompany the invitations, but the references to the documents must be construed as references to the descriptive document and the time limit provided for in paragraph 4 for the provision of additional information shall be understood as referring to the six days preceding the date fixed for the initiation of the dialogue phase.

Article 182. Dialogue with the candidates.

1. The contracting authority shall develop, with the candidates selected, a dialogue to determine and define the appropriate means to meet its needs. In the course of this dialogue, all aspects of the contract may be discussed with the selected candidates.

2. During the dialogue, the contracting authority shall treat all tenderers equally and, in particular, shall not provide, in a discriminatory manner, information which may give advantages to certain tenderers in respect of the rest.

The contracting authority may not disclose to the other participants the solutions proposed by a participant or other confidential data communicated to them without prior agreement.

3. The procedure may be used in successive stages in order to progressively reduce the number of solutions to be examined during the dialogue phase by applying the criteria set out in the contract notice or in the descriptive document, indicating whether this possibility is to be used. The number of solutions to be examined in the final stage should be sufficiently broad to ensure effective competition between them, provided that a sufficient number of suitable solutions or candidates have been submitted.

4. The contracting authority shall continue the dialogue until it is in a position to determine, after comparing them, if necessary, the solutions which may respond to its needs.

After declaring the dialogue closed and informing all participants, the contracting authority will invite them to submit their final offer, based on the solution or solutions presented and specified during the dialogue phase, indicating the deadline, the address to which they should be sent, and the language or languages in which they may be written, if any other is allowed in addition to the Spanish language.

Article 183. Submission and examination of tenders.

1. Tenders must include all the elements required and necessary for the implementation of the project.

The contracting authority may request clarification or clarification on the tenders submitted, adjustments to the tenders or supplementary information relating to them, provided that this does not entail a change in its fundamental elements which implies a variation which may distort competition or have a discriminatory effect.

2. The contracting authority shall evaluate the tenders submitted by the tenderers on the basis of the award criteria laid down in the contract notice or in the descriptive document and shall select the most economically advantageous tender. For this assessment, several criteria must necessarily be taken into account, without it being possible to award the contract only on the basis of the price offered.

3. The contracting authority may require the tenderer whose tender is considered to be most economically advantageous to clarify certain aspects of the contract or to ratify the undertakings listed therein, provided that no substantial elements of the tender or tender are modified, competition is distorted or a discriminatory effect is produced.

Section 6. Special Rules applicable to design contests

Article 184. Scope of application.

1. Design contests are the procedures for obtaining plans or projects, mainly in the fields of architecture, urbanism, engineering and data processing, through a selection that, after the corresponding invitation to tender, is entrusted to a jury.

2. The rules of this Section shall apply to design contests which meet one of the following types:

(a) Concourses of projects organized in the framework of a procedure for the award of a service contract.

b) Concourses of projects with participation premiums or payments to participants.

3. The rules in this Section shall not apply to design contests which are in cases comparable to those provided for in Articles 4 and 13 (2).

4. The design contests for which the amount is equal to or greater than the thresholds laid down in Article 16 are considered to be subject to harmonised regulation in the light of the body making the call.

The amount of design contests shall be calculated by applying the following rules to the assumptions provided for in paragraph 2 of this Article: in the case of point (a), account shall be taken of the estimated value of the service contract and any premiums for participation or payments to the participants; in the case provided for in point (b), the total amount of the payments and premiums, including the estimated value of the service contract which may be awarded at a later date pursuant to point (d) of Article 174, shall be taken into account if the contracting authority does not exclude that award in the tender notice.

Article 185. Bases of the contest.

The rules for the organisation of a project contest shall be established in accordance with the provisions of this Section and shall be made available to those interested in participating in the competition.

Article 186. Participants.

If the number of participants is to be limited, the selection of participants must be carried out in accordance with objective, clear and non-discriminatory criteria, without access to participation being limited to a specific territorial area, or to natural persons who are excluded from legal or reverse. In any event, when setting the number of candidates invited to participate, the need to ensure real competition must be taken into account.

Article 187. Advertising.

1. The invitation to tender for the design contest shall be published in the form provided for in Article 142.

2. The results of the competition shall be published in the form provided for in Article 154.

Article 188. Contest decision.

1. The jury shall be composed of natural persons independent of the participants in the design contest.

2. Where a specific professional qualification is required to participate in a project contest, at least one third of the members of the jury shall have such qualification or other equivalent.

3. The jury shall take its decisions or opinions with complete independence, on the basis of projects which shall be submitted to it anonymously, and only on the basis of the criteria set out in the notice of conclusion of the competition.

4. The jury shall have the autonomy of decision or opinion.

5. The jury shall record in a report, signed by its members, the classification of the projects, taking into account the merits of each project, together with their observations and any aspects that require clarification.

6. Anonymity should be respected until the jury issues its opinion or decision.

7. If necessary, participants may be invited to respond to questions that the jury has included in the minutes to clarify any aspect of the projects, and a complete record of the dialogue between the members of the jury and the participants should be lifted.

8. Known as the jury's opinion and taking into account the content of the classification and the minutes referred to in the previous article, the contracting authority shall proceed to the award, which shall be reasoned if it does not comply with the proposal or proposals of the jury.

9. In the absence of this section, the design of the projects will be governed by the provisions governing the procurement of services.

CHAPTER II

Award of other public sector contracts

Section 1-Rules applicable by contracting authorities which do not have the character of public administrations

Article 189. General delimitation.

Contracting authorities which do not have the status of Public Administrations shall apply the rules of this Section for the award of their contracts.

Article 190. Award of contracts subject to harmonised regulation.

1. The award of contracts subject to harmonised regulation shall be governed by the rules laid down in the preceding Chapter with the following adaptations:

(a) The rules laid down in the second subparagraph of Article 150 (2), on the intervention of the expert committee for the assessment of subjective criteria, in Article 152 (1) and (2) on criteria for assessing the abnormal or disproportionate nature of the tenders, in Article 156 on the formalisation of contracts, shall not apply, without prejudice to the time limit laid down in paragraph 3 and Article 160 of Article 160 on the examination of proposals and proposals for the award of contracts, and Article 172 of the cases where it is possible to use a negotiated procedure to award public service management contracts.

(b) It shall not be necessary to publish the invitations to tender and awards in the national official journals referred to in the first subparagraph of Article 142 (1) and the first subparagraph of Article 154 (2), on the understanding that the principle of advertising is satisfied by means of the publication made in the Official Journal of the European Union and the insertion of the relevant information in the procurement platform referred to in Article 334 or in the equivalent system managed by the Public Administration of which the contracting entity is dependent, without prejudice to the use of additional means on a voluntary basis.

2. If, for reasons of urgency, compliance with the minimum time limits laid down is not practicable, the provisions of Article 112.2.b shall apply to the reduction of time limits.

Article 191. Award of contracts that are not subject to harmonised regulation.

In the award of contracts not subject to harmonised regulation, the following provisions shall apply:

(a) The award shall in any event be subject to the principles of publicity, competition, transparency, confidentiality, equality and non-discrimination.

(b) The competent bodies of the entities referred to in this section shall adopt instructions, which are binding in their internal field, in which the procurement procedures are regulated in such a way as to ensure the effectiveness of the principles set out in the preceding paragraph and that the contract is awarded to the person who presents the most economically advantageous tender. These instructions should be made available to all interested parties to participate in the procedures for the award of contracts regulated by them, and to be published in the entity's contracting profile.

In the field of the state public sector, the approval of the instructions will require the prior report of the State Advocate.

(c) The requirements arising from the principle of advertising must be fulfilled with the insertion of the information relating to the tendering procedure for contracts the amount of which exceeds EUR 50 000 in the profile of the entity's contractor, without prejudice to the possibility of internal procurement instructions to be used for other, alternative or alternative modes of dissemination.

Section 2. Third Rules applicable by other entities, bodies and entities in the public sector

Article 192. Arrangements for the award of contracts.

1. Entities, bodies and entities in the public sector which do not have the consideration of contracting authorities shall, in the award of contracts, comply with the principles of advertising, competition, transparency, confidentiality, equality and non-discrimination.

2. The award of contracts shall be made in such a way as to be the most economically advantageous tender.

3. The internal procurement instructions approved by these entities shall be made available to ensure the effectiveness of the principles set out in paragraph 1 of this Article and the guideline set out in paragraph 2. These instructions should be made available to all interested parties to participate in the procedures for the award of contracts regulated by them, and to be published in the entity's contracting profile.

In the field of the state public sector, these instructions must be informed prior to their approval by the body to which the legal advice of the relevant entity corresponds.

Section 3. 3rd Rules applicable to the award of subsidised contracts

Article 193. Award of subsidised contracts.

The award of the subsidised contracts referred to in Article 17 of this Law shall be governed by the rules laid down in Article 190.

TITLE II

Technical Rationalization of Hiring

CHAPTER I

General rules

Article 194. Systems for the rationalization of the procurement of public administrations.

To rationalize and order the award of contracts, Public Administrations may conclude framework agreements, articulate dynamic systems, or centralize the hiring of works, services and supplies in specialized services, in accordance with the rules of this Title.

Article 195. Systems for the rationalization of the procurement of other public sector entities.

Systems for the rationalization of procurement that are established by public sector entities that do not have the character of Public Administrations in their own rules and instructions, shall comply with the provisions of this Title for the award of contracts subject to harmonised regulation.

CHAPTER II

Framework Agreements

Article 196. Functionality and limits.

1. Contracting authorities in the public sector may conclude framework agreements with one or more employers in order to determine the conditions under which contracts they intend to award for a given period shall be adjusted, provided that the use of such instruments is not made in an abusive manner or in such a way that competition is impeded, restricted or distorted.

2. Where the framework agreement is concluded with a number of employers, the number of employers must be at least three, provided that there is a sufficient number of persons who are interested in meeting the selection criteria or admissible tenders which meet the award criteria.

3. The duration of a framework agreement shall not exceed four years, except in exceptional cases, duly justified.

Article 197. Procedure for the conclusion of framework agreements.

1. The rules of procedure laid down in Book II and Chapter I of Title I of this Book shall be followed for the conclusion of a framework agreement.

2. The conclusion of the framework agreement shall be published in the contracting profile of the contracting authority and, within a period not exceeding forty-eight days, shall also be published in the Official Gazette of the State or in the respective Diaries or Official Bulletins of the Autonomous Communities or of the Provinces. The possibility of awarding contracts subject to harmonised regulation on the basis of the framework agreement will be conditional on the fact that within forty-eight days of its conclusion, the corresponding announcement of the contract would have been sent to the Official Journal of the European Union and published in the Official Gazette of the State.

3. In the cases referred to in Article 153, the contracting authority may not publish certain information concerning the conclusion of the framework agreement, duly supporting it in the file.

Article 198. Award of contracts based on a framework agreement.

1. Contracts may only be concluded on the basis of a framework agreement between the contracting authorities and undertakings which have originally been parties to that agreement. In these contracts, in particular in the case provided for in paragraph 3 of this Article, the parties may not, in any event, make substantial changes to the terms set out in the framework agreement.

2. Contracts based on the framework agreement shall be awarded in accordance with paragraphs 3 and 4 of this Article.

3. Where the framework agreement has been concluded with a single employer, contracts based on that agreement shall be awarded in accordance with the terms laid down therein. The contracting authorities may consult the employer in writing, asking him, if necessary, to complete his offer.

4. Where the framework agreement has been concluded with a number of employers, the award of contracts on the basis shall be effected by applying the terms laid down in the framework agreement itself, without requiring the parties to a new invitation to tender.

Where not all of the terms are set out in the framework agreement, the award of contracts shall be made by convening the parties to a new invitation to tender, in which the same terms shall be taken as the basis, making them more precise if necessary, and, where applicable, others to which the specifications of the framework agreement relate, in accordance with the following procedure:

(a) For each contract to be awarded, all undertakings capable of carrying out the subject-matter of the contract shall be consulted in writing; however, where the contracts to be awarded are not subject, by reason of their object and amount, to a harmonised procedure, the contracting authority may decide, duly supporting it in the file, not to extend this consultation to all the employers who are party to the framework agreement, provided that at least three of them apply for tenders.

(b) A sufficient time limit shall be granted for the submission of tenders relating to each specific contract, taking into account factors such as the complexity of the subject-matter of the contract and the time required for the submission of the tender.

(c) The tenders shall be submitted in writing and their content shall be confidential until the time set for opening.

(d) In an alternative to the above, the contracting authority may open an electronic auction for the award of the contract in accordance with Article 148.

(e) The contract shall be awarded to the tenderer who has submitted the best offer, which is valued in accordance with the criteria laid down in the framework agreement.

(f) If deemed appropriate, the contracting authority may decide to publish the award as provided for in Article 154.

5. In the award procedures referred to in the preceding paragraphs, the formalisation of the contract may be carried out without the need to observe the waiting period provided for in Article 156.3.

CHAPTER III

Dynamic hiring systems

Article 199. Functionality and limits.

1. Contracting authorities in the public sector may articulate dynamic systems for the procurement of works, services and supplies of current use, the characteristics of which, generally available on the market, meet their needs, provided that the use of these instruments is not carried out in such a way that competition is impeded, restricted or distorted.

2. The duration of a dynamic recruitment system shall not exceed four years, except in duly justified exceptional cases.

Article 200. Implementation.

1. The dynamic procurement system shall be developed in accordance with the rules of the open procedure throughout all its stages and until the award of the relevant contracts, which shall be carried out in the manner provided for in Article 202. All tenderers who meet the selection criteria and who have submitted an indicative tender which complies with the specifications in the specifications shall be admitted to the system.

2. The following rules shall be observed for the implementation of a dynamic procurement system:

(a) The contracting authority shall publish a notice of invitation to tender, in the form set out in Article 142, in which it shall expressly state that it intends to articulate a dynamic procurement system.

(b) In addition to the other relevant extremes, the nature of the contracts which may be concluded by means of the system, and all the information necessary to be incorporated into it, and in particular the information relating to the electronic equipment used and the technical arrangements and specifications for connection, shall be specified in the documents.

(c) From the publication of the notice and until the end of the system, unrestricted, direct and complete access shall be offered by electronic, computer and telematic means, to the documents and to the supporting documentation. The notice referred to in point (a) above shall indicate the address of the Internet in which these documents can be consulted.

3. The development of the system, and the award of contracts in the framework of the system, must be carried out exclusively by electronic, computer and telematic means.

4. The participation in the system will be free for the companies, which will not be able to charge any expenses.

Article 201. Incorporation of companies into the system.

1. During the period of validity of the system, any interested employer may submit an indicative tender for the purposes of being included therein.

2. The assessment of the indicative tenders shall be carried out within a maximum of 15 days of their submission. This period may be extended by the contracting authority, provided that, in the meantime, no new invitation to tender is issued.

3. The contracting authority shall communicate to the tenderer its admission to the dynamic contracting system or the rejection of its indicative tender, which shall only proceed if the tender does not comply with the specifications laid down in the contract, within a maximum of two days after the assessment of its indicative tender has been carried out.

4. Indicative tenders may be improved at any time provided that they continue to be in conformity with the specifications.

Article 202. Award of contracts in the framework of a dynamic recruitment system.

1. Each specific contract intended to be awarded under a dynamic procurement system shall be subject to an invitation to tender.

2. Where, by reason of their value, the contracts to be awarded are subject to harmonised regulation, before the invitation to tender the contracting authorities shall publish a simplified notice, in the means set out in Article 142, inviting any interested employer to submit an indicative tender, within a period of not less than 15 days, which shall be counted from the dispatch of the notice to the European Union. Pending the conclusion of the assessment of indicative tenders submitted in time, no new tenders may be called for.

3. All employers admitted to the system shall be invited to submit a tender for the specific contract which is being tendered, for which they shall be granted a sufficient period of time, which shall be fixed taking into account the time which may reasonably be necessary to prepare it, the complexity of the contract being addressed. The contracting authority may also open an electronic auction in accordance with Article 148.

4. The contract shall be awarded to the tenderer who has submitted the best tender, assessed in accordance with the criteria set out in the contract notice referred to in Article 2002.a). These criteria shall be specified in the invitation referred to in the preceding paragraph.

5. The outcome of the procedure shall be announced within 48 days of the award of each contract in the manner provided for in Article 154 (1), and the provisions of paragraph 4 shall also apply. However, these notices may be grouped on a quarterly basis, in which case the period of forty-eight days shall be computed from the end of the quarter.

6. The award provided for in paragraph 4 of this Article may be immediately followed by the formalisation of the contract.

CHAPTER IV

Hiring Central

Section 1. General Rules

Article 203. Functionality and principles of action.

1. Public sector entities may centralise the procurement of works, services and supplies by attributing it to specialised services.

2. Contracting authorities may act by acquiring supplies and services for other contracting authorities, or by awarding contracts or by concluding framework agreements for the performance of works, supplies or services intended for them.

3. The contracting parties shall, in the award of contracts and framework agreements which they conclude, subject themselves to the provisions of this Law and their implementing rules.

Article 204. Creation of recruitment centres by Autonomous Communities and Local Entities.

1. The creation of central contracting authorities by the Autonomous Communities, as well as the determination of the type of contracts and the subjective scope to which they are extended, will be carried out in the way that they foresee the norms of the development of this Law that those dictate in exercise of their competences.

2. In the field of local administration, the Provincial Diputations will be able to create central contracting authorities by agreement of the plenary.

Article 205. Accession to external centralised procurement systems.

1. The Autonomous Communities and the local authorities, as well as the autonomous bodies and public entities which are dependent on them, may accede to the centralised state procurement system, as provided for in Article 206, for all the supplies, services and works included in it or only for certain categories of them. Accession will require the conclusion of the corresponding agreement with the General Directorate of State Heritage.

2. Similarly, through the corresponding agreements, the Autonomous Communities and the local entities will be able to join systems of centralized acquisition of other Autonomous Communities or local entities.

3. Companies and foundations and other entities, bodies and entities in the public sector may accede to the centralised procurement systems established by the Public Administrations in the manner provided for in the preceding paragraphs.

Section 2. State-wide centralized procurement

Article 206. General scheme.

1. In the field of the General Administration of the State, its Autonomous Bodies, the Management Entities and the Common Services of Social Security and other State Public Entities, the Minister of Economy and Finance will be able to declare of centralized contracting the supplies, works and services that are contracted in a general way and with essentially homogeneous characteristics by the different organs and agencies.

2. The procurement of such supplies, works or services shall be carried out through the Directorate-General of the State Heritage, which shall operate, in respect of them, as the sole central contracting authority within the scope defined in paragraph 1. The financing of the relevant contracts shall be borne by the requesting body.

3. The procurement of centralised works, supplies or services may be carried out by the Directorate-General of State Heritage through the following procedures:

(a) By the conclusion of the relevant contract, which shall be awarded in accordance with the procedural rules contained in Chapter I of Title I of this Book.

b) Through the special procedure of type adoption. This procedure shall be carried out in two stages, the first of which shall be for the adoption of the types of contract for each class of goods, works or services by the conclusion of a framework agreement or the opening of a dynamic system, while the second shall be for the purpose of specific procurement, in accordance with the rules applicable to each of those contractual systems, of the goods, services or works of the types thus adopted which the various bodies and bodies require.

As long as the adoption of rates does not occur in accordance with the above paragraph, or when the types adopted do not meet the essential characteristics to satisfy the needs of the requesting body, the procurement of supplies, works or services shall be carried out, in accordance with the general rules of procedure, by the General Directorate of the State Heritage. However, if the Order for which the centralisation of these contracts is agreed upon so provides, the procurement may be carried out in accordance with the general rules of competition and procedure by the relevant contracting authority, subject to a favourable report from the Directorate-General for State Heritage.

Where the procurement of supplies, services or works is to be carried out by convening the parties to a new invitation to tender as provided for in Article 198 (4) (a) to (d), the written consultation of employers capable of carrying out the benefit, as well as the receipt and examination of the proposals, shall be the responsibility of the body involved in the award of the contract, which shall raise the relevant proposal to the General Directorate of the State Heritage.

If the adoption of a type has been carried out by means of the articulation of a dynamic procurement system, in the award of contracts which, by reason of their value, are not subject to a harmonised procedure, the provisions of Article 201.2 and Article 202.2 shall not apply to the failure to call for new tenders pending the assessment of the tenders submitted.

4. The conclusion by the General Administration of the State, its autonomous organizations, the management entities and the common services of social security and other public entities of framework agreements that have for the purpose of goods, services or non-declared works of centralized contracting will require the favorable report of the General Directorate of the State Heritage, which must be obtained before initiating the procedure directed to its award, when those goods, services or works are contracted in general and with essentially homogeneous characteristics in the field. Similarly, the previous favourable report of the General Directorate of the State's Heritage for the conclusion of framework agreements affecting more than one ministerial department, autonomous body or entity of those mentioned in this paragraph, will be necessary.

Article 207. Centralized acquisition of equipment and systems for the processing of information.

1. The competence to acquire equipment and systems for the processing of the information and its complementary or ancillary elements within the scope defined in paragraph 1 of the previous article which have not been declared to be a centralised acquisition as indicated therein shall in any case be the responsibility of the Director-General of the State Heritage, the Ministry of State or bodies involved in the purchase as regards their needs.

2. The Minister of Economy and Finance may assign the jurisdiction to acquire the goods referred to in this article to other organs of the General Administration of the State, its Autonomous Bodies, the Management Entities and the Common Services of Social Security and State Public Entities, when special circumstances or the volume of acquisitions they make so advise.

BOOK IV

Effects, Compliance and Extinction of Administrative Contracts

TITLE I

General Rules

CHAPTER I

Effects of contracts

Article 208. Legal regime.

The effects of administrative contracts shall be governed by the rules referred to in Article 19.2 and by the specifications of administrative clauses and technical, general and particular requirements.

Article 209. Linking to contractual content.

The contracts must be fulfilled in accordance with their terms, without prejudice to the prerogatives established by the legislation in favour of the Public Administrations.

CHAPTER II

Prerogatives of Public Administration in administrative contracts

Article 210. Enumeration.

Within the limits and subject to the requirements and effects outlined in this Law, the contracting authority has the prerogative to interpret the administrative contracts, to resolve the doubts it offers, to modify them for reasons of public interest, to agree on its resolution and to determine the effects of this.

Article 211. Exercise procedure.

1. In the procedures to be followed for the adoption of agreements concerning the interpretation, modification and termination of the contract, the contractor must be heard.

2. In the General Administration of the State, its Autonomous Bodies, the Management Entities and the Common Services of Social Security and other State Public Entities, the agreements referred to in the preceding paragraph shall be adopted upon report of the corresponding Legal Service, except in the cases provided for in Articles 99 and 213.

3. Notwithstanding the foregoing, the report of the State Council or equivalent advisory body of the respective Autonomous Community shall be required in the cases of:

(a) Interpretation, nullity and resolution, when opposing the contractor.

(b) Amendments to the contract, where the amount, in isolation or in combination, is greater than 10% of the original contract price, where the contract is equal to or greater than EUR 6,000,000.

4. The agreements adopted by the contracting authority shall terminate the administrative route and shall be immediately enforceable.

CHAPTER III

Running the contracts

Article 212. Faulty execution and delay.

1. The contract documents or documents may provide for penalties in respect of the failure to comply with the obligations under the contract or for failure to comply with the commitments or special conditions for the performance of the contract which have been established in accordance with Articles 64.2 and 1181. Such penalties shall be proportionate to the seriousness of the non-compliance and the amount of the non-compliance shall not exceed 10 per 100 of the budget of the contract.

2. The contractor is obliged to fulfil the contract within the total time limit set for the performance of the contract, as well as the partial time limits for its successive execution.

3. The establishment in arrears of the contractor will not require prior intimation by the Administration.

4. Where the contractor, for reasons attributable to it, has incurred a delay in respect of the full term, the Administration may choose either to terminate the contract or to impose the daily penalties in the proportion of EUR 0,20 per 1,000 euro of the contract price.

The contracting authority may agree to the inclusion in the specification of particular administrative clauses of penalties other than those listed in the preceding paragraph where, in the light of the special characteristics of the contract, it is deemed necessary for its proper implementation and is justified in the file.

5. Each time the penalty for late payment reaches a multiple of 5 per 100 of the price of the contract, the contracting authority shall be empowered to proceed with the decision of the contract or to agree to the continuity of its execution with the imposition of new penalties.

6. The Administration shall have the same power as the previous paragraph with regard to the contractor's failure to comply with the partial time-limits, where the contract has been provided for in the specification of particular administrative clauses or where the delay in the performance of the parties makes it reasonable to assume that the total time limit cannot be met.

7. Where the contraaor, for reasons attributable to him, has failed to fulfil the partial performance of the benefits defined in the contraa, the Administration may, without distinction, opt for its judgment or for the imposition of penalties which, in the case of such cases, are determined in the specification of particular administrative clauses.

8. Penalties shall be imposed by agreement of the contracting authority, adopted on a proposal from the person responsible for the contract, if it has been designated, which shall be immediately enforceable, and shall be made effective by deduction of the amounts which, in whole or in part, are to be paid to the contractor or to the security which, where appropriate, would have been constituted, where they cannot be deducted from the said certificates.

Article 213. Resolution for delay and extension of contracts.

1. In the case referred to in the foregoing Article, if the Administration opts for the decision, it must be agreed by the contracting authority or by the contracting authority which has jurisdiction in the Autonomous Communities, without any other procedural requirement than the hearing of the contractor and, where the latter is opposed, the opinion of the State Council or equivalent advisory body of the Autonomous Community.

2. If the delay was made for reasons not attributable to the contractor and he offered to fulfil his commitments by giving him an extension of the time which he had been given, it shall be granted by the Administration for a period which shall be at least equal to the time lost, unless the contractor requests a minor.

Article 214. Compensation for damages.

1. It shall be the obligation of the contractor to indemnify all damages caused to third parties as a result of the operations required by the performance of the contract.

2. When such damages have been caused as an immediate and direct consequence of an order of the Administration, it shall be responsible within the limits laid down in the Laws. It shall also be the Administration responsible for the damage caused to third parties as a result of the defects of the project produced by itself in the contract of works or in the contract of supply of manufacture.

3. The third party may, within the year following the production of the event, require the contracting authority to decide which of the contracting parties is responsible for the damage. The exercise of this power interrupts the period of limitation of the action.

4. The complaint shall be made, in any case, in accordance with the procedure laid down in the legislation applicable to each case.

Article 215. Principle of risk and venture.

The performance of the contract shall be carried out at the risk and sale of the contractor, without prejudice to the provisions of the works in Article 231, and of the terms of the risk-sharing clauses included in the contracts for collaboration between the public sector and the private sector.

Article 216. Payment of the price.

1. The contractor shall be entitled to the payment of the benefit under the terms laid down in this Law and in the contract, on the basis of the agreed price.

2. The payment of the price may be made in whole or in part, by means of account credits or, in the case of successive contracts, by payment in each of the maturities which have been stipulated.

3. The contraaor shall also be entitled to receive credits for the amount of the operations which are preparatory to the performance of the contraa and which are included in the subject-matter of the contraa, under the conditions set out in the respective documents, with the purpose of securing the payments by the guarantee.

4. The Administration shall be obliged to pay the price within 30 days of the date of issue of the certificates of works or of the relevant documents attesting to the full or partial performance of the contract, without prejudice to the special time limit laid down in Article 222.4, and, if it is delayed, shall pay the contractor, on the basis of the 30-day deadline, the interest on late payment and the compensation for the costs of recovery in accordance with the terms laid down in Law 3/2004 of 29 December laying down measures to combat the late payment in commercial transactions. Where the issue of a work certificate is not issued and the date of receipt of the invoice or application for equivalent payment is in doubt or before the receipt of the goods or the provision of the services, the period of 30 days shall be counted from that date of receipt or provision.

5. If the delay in the payment is greater than four months, the contractor may, where appropriate, suspend the performance of the contract, and must inform the Administration, one month in advance, of such circumstance, for the purposes of recognition of the rights that may be derived from such suspension, in the terms established in this Law.

6. If the delay of the Administration is greater than eight months, the contractor shall also be entitled to terminate the contract and to compensate for the damages resulting from it.

7. Without prejudice to the provisions laid down in the tax and social security rules, any payment made by the performance of the contract may be carried out only in the following cases:

(a) For the payment of the salaries accrued by the contractor's staff in the performance of the contract and the social contributions derived therefrom.

(b) For the payment of the obligations incurred by the contractor with the subcontractors and suppliers referring to the performance of the contract.

8. The Autonomous Communities may reduce the periods of 30 days, four months and eight months laid down in paragraphs 4, 5 and 6 of this Article.

Article 217. Procedure to make the debts of the Public Administrations effective.

After the deadline referred to in Article 216.4 of this Law, the contractors may claim in writing to the Contracting Administration that the obligation to pay and, where applicable, the interest for late payment is fulfilled. If, on the expiry of a period of one month, the Administration has not replied, the expiration of the payment period shall be deemed to be recognized and the persons concerned may make a dispute-administrative appeal against the inactivity of the Administration, and may request the immediate payment of the debt as a precautionary measure. The judicial body shall take the precautionary measure, unless the Administration proves that the circumstances justifying the payment are not present or that the amount claimed does not correspond to that which is payable, in which case the precautionary measure shall be limited to the latter. The judgment will order the defendant to pay the costs in the case of a total estimate of the claim for recovery.

Article 218. Transmission of the receivables.

1. Contractors who, in accordance with the previous Article, have the right to recover in respect of the Administration, may assign the same in accordance with the law.

2. In order to ensure that the transfer of the right of recovery is effective against the administration, the notification of the transfer agreement shall be a prerequisite.

3. The effectiveness of the second and successive disposals of the receivables transferred by the contractor will be conditional upon compliance with the provisions of the preceding number.

4. Once the Administration becomes aware of the transfer agreement, the payment order shall be issued in favour of the transferee. Prior to the transfer being made known to the Administration, the payment order in the name of the contractor or the transferor shall have a free effect.

CHAPTER IV

Modifying contracts

Article 219. Right of modification of the contract.

1. Administrative contracts may be amended only for reasons of public interest in the cases and in the manner provided for in Title V of book I, and in accordance with the procedure laid down in Article 211.

In these cases, the modifications agreed by the contracting authority will be mandatory for the contractors.

2. The amendments to the contract shall be formalised in accordance with Article 156.

Article 220. Suspension of contracts.

1. If the Administration agrees to suspend the contract or to suspend the contract for the application of Article 216, a record shall be drawn up in which the circumstances which have been motivated and the factual situation in the performance of the contract shall be entered.

2. If the suspension is agreed, the administration will pay the contractor the damages actually suffered by the contractor.

CHAPTER V

Extinguishing contracts

Section 1. General Disposition

Article 221. Extinction of contracts.

Contracts will be extinguished by compliance or by resolution.

Section 2. Contract Compliance

Article 222. Compliance with the contracts and receipt of the benefit.

1. The contract shall be deemed to have been fulfilled by the contraaor when the contraaor has made, in accordance with the terms of the contraa and to the satisfaction of the Administration, the whole of the benefit.

2. In any event, their finding shall require the Administration to make a formal and positive act of receipt or conformity within the month following the delivery or realization of the subject matter of the contract, or within a period to be determined in the specification of particular administrative clauses by reason of its characteristics. The intervention of the corresponding administration shall be communicated to it, where this is required, the date and place of the act, for any assistance in the exercise of its functions of verification of the investment.

3. A guarantee period shall be fixed in respect of the date of receipt or conformity, after which, with no objection from the Administration, unless otherwise specified in this Law or in other rules, the contractor's liability shall be extinguished. Contracts in which, by their nature or characteristics, are not necessary, are exempted from the guarantee period, which must be duly justified in the procurement file, expressly stated in the contract documents.

4. Except in the case of works contracts, which shall be governed by Article 235 within a period of one month from the date of the act of receipt or conformity, the relevant settlement of the contract shall be agreed and notified to the contractor and the resulting balance shall be paid to the contractor. If the payment of the settlement balance is delayed, the contractor shall be entitled to receive interest on late payment and compensation for the costs of recovery under the terms laid down in Law 3/2004 of 29 December establishing measures to combat late payment in commercial transactions.

Section 3. Resolution of contracts

Article 223. Causes of resolution.

They are contract resolution causes:

(a) The death or incapacity of the individual contractor or the termination of the legal personality of the contracting company, without prejudice to the provisions of Article 85.

(b) The declaration of competition or the declaration of insolvency in any other procedure.

c) The mutual agreement between the Administration and the contractor.

(d) The delay in meeting the time limits by the contractor and the failure to comply with the deadline referred to in Article 112 (2) (c).

(e) The delay in the payment by the Administration for a period exceeding the period laid down in Article 216 (6) or the lower one which has been fixed pursuant to paragraph 8 thereof.

(f) Failure to comply with the remaining essential contractual obligations, qualified as such in the specifications or in the contract.

g) The impossibility of executing the benefit in the terms initially agreed upon or the possibility of producing a serious injury to the public interest to continue executing the benefit in those terms, where it is not possible to modify the contract in accordance with the provisions of Title V of book I.

h) Those expressly set out in the contract.

i) Those that are specifically pointed out for each category of contract in this Law.

Article 224. Application of the causes of resolution.

1. The decision of the contract shall be agreed by the contracting authority, either on its own initiative or at the request of the contractor, if appropriate, in accordance with the procedure laid down in the implementing rules of this Law.

2. The insolvency declaration in any proceedings and, in the event of a contest, the opening of the settlement phase, shall always give rise to the termination of the contract.

In the other cases, the decision may be instituted by that party to which the circumstance which does not give rise to it may not be imputable to it, without prejudice to paragraph 7.

3. Where the cause of resolution is the death or inability of the individual contractor, the Administration may agree to the continuation of the contract with its heirs or successors.

4. The resolution by mutual agreement may only take place where no other cause of resolution is attributable to the contractor, and whenever reasons of public interest render the permanence of the contract unnecessary or inconvenient.

5. In the event of a declaration of competition and as long as the opening of the liquidation phase has not occurred, the Administration may continue the contract if the contractor provides sufficient guarantees for the performance of the contract.

6. In the case of the delay referred to in point (e) of the preceding Article, if the penalties for the delay in the performance of the time limit reach a multiple of 5% of the amount of the contract, the provisions of Article 212.5 shall apply.

7. Failure to comply with the obligations arising out of the contract by the Administration shall result in the decision of the Administration only in the cases provided for in this Law.

Article 225. Effects of the resolution.

1. Where the decision is reached by mutual agreement, the rights of the parties shall be accommodated in accordance with the provisions of the resolution.

2. Failure by the Administration to fulfil the obligations of the contract shall determine, in general, the payment of the damage caused by the contract to the contractor.

3. Where the contract is terminated for non-compliance with the contractor's fault, the contractor must indemnify the administration for damages. The compensation shall be made effective, first and foremost, on the security which, where appropriate, would have been lodged, without prejudice to the subsistence of the contractor's liability in respect of the amount exceeding that of the security seized.

4. In any event, the settlement agreement shall contain an express statement regarding the origin or not of the loss, refund or cancellation of the guarantee which, if applicable, would have been constituted. Only the loss of the guarantee shall be agreed upon in the event of termination of the contract by the contractor when the contest has been qualified as guilty.

5. Where the decision is agreed on the grounds referred to in point (g) of Article 223, the contractor shall be entitled to compensation of 3% of the amount of the benefit to be paid, unless the cause is attributable to the contractor.

6. At the time of the opening of the administrative file for the termination of the contract for the cause laid down in Article 223 (g), the procedure for the award of the new contract may be initiated, although the award of the new contract shall be conditional upon the termination of the judgment file. The urgency procedure shall apply to both procedures.

Until the new contract is formalized, the contractor will be obliged, in the form and with the scope to be determined by the contracting authority, to take the necessary measures for security reasons, or indispensable to avoid a serious disturbance to the public service or the ruin of the constructed or manufactured. In the absence of agreement, the remuneration of the contractor shall be fixed at the request of the contractor by the contracting authority, after the work has been completed and the prices which have been the basis for the conclusion of the contract as a reference. The contractor may challenge this decision before the contracting authority which shall resolve the matter within 15 working days.

CHAPTER VI

Transfer of contracts and subcontracting

Section 1. Contracts of contracts

Article 226. Transfer of contracts.

1. The rights and obligations arising out of the contract may be transferred by the successful tenderer to a third party provided that the technical or personal qualities of the transferor have not been a decisive reason for the award of the contract, and that the transfer does not result in an effective restriction of competition on the market. The transfer to a third party may not be authorised where the transfer of the contract is a substantial alteration of the contractor's characteristics if they constitute an essential element of the contract.

2. In order for successful tenderers to give up their rights and obligations to third parties, the following requirements must be met:

(a) The contracting authority shall, in a prior and express manner, authorize the transfer.

(b) The transferor has at least 20 per 100 of the amount of the contract or, in the case of public service management, which has carried out its operation for at least one fifth of the term of the contract. This requirement shall not apply if the transfer occurs with the successful tenderer being awarded even if the liquidation phase has been opened.

(c) That the transferee has the capacity to contract with the Administration and the solvency that is required, and must be duly classified if such a requirement has been required of the transferor, and not be in a cause of prohibition of hiring.

d) That the assignment be formalized, between the successful tenderer and the transferee, in public deed.

3. The transferee shall be subrogated to all the rights and obligations which would correspond to the transferor.

Section 2. Subcontracting

Article 227. Subcontracting.

1. The contraaor may arrange with third parties for the partial performance of the benefit, unless the contraa or the documents provide otherwise, or the nature and the conditions of the contraaing shall lead to the fact that the contraaing is to be executed directly by the successful tenderer.

2. The conclusion of subcontracts shall be subject to compliance with the following requirements:

(a) If this is provided for in the contract documents or in the contract notice, the tenderers shall indicate in the tender the part of the contract which they intend to subcontract, indicating their amount, and the name or business profile, defined by reference to the conditions of professional or technical solvency, of the subcontractors to whom they are to be entrusted.

(b) In any event, the successful tenderer must inform the Administration in advance and in writing of the intention to conclude the subcontracts, pointing out the part of the benefit to be subcontracted and the identity of the subcontractor, and sufficiently justifying the ability of the subcontractor to execute it by reference to the technical and human elements at its disposal and its experience. In the case where the subcontractor has the appropriate classification to carry out the part of the contract subject to subcontracting, the communication of this circumstance shall exempt the contractor from the need to justify the suitability of the contractor. The accreditation of the suitability of the subcontractor may be carried out immediately after the conclusion of the subcontract if it is necessary to deal with an emergency situation or to require urgent action and is sufficiently justified.

(c) If the tenders or the notice of invitation to tender have imposed on the tenderers the obligation to communicate the circumstances referred to in point (a), subcontracts which do not comply with the provisions of the tender, to be held with employers other than those specified in the tender or to refer to parts of the provision other than those referred to therein, may not be held until 20 days after the notification has been made and the justifications referred to in point (b) have been made, unless they have previously been expressly authorised provided that the Administration has not notified within this period of its opposition to them. This scheme shall also apply if the subcontractors have been identified in the tender by describing their professional profile.

Under the responsibility of the contractor, subcontracts may be concluded without the need for a period of 20 days to elapse if their conclusion is necessary to deal with an emergency situation or to require urgent action and is sufficiently justified.

(d) In contracts of a secret or reserved nature, or in those whose execution must be accompanied by special security measures in accordance with laws or regulations or where the protection of the essential interests of the security of the State so requires, the subcontracting shall always require the express authorization of the contracting authority.

(e) Partial benefits which the successful tenderer subcontracts with third parties may not exceed the percentage fixed in the specification of particular administrative clauses. Where a special limit is not included in the specification, the contractor may subcontract up to a percentage not exceeding 60 per 100 of the amount of the award.

For the calculation of this maximum percentage, subcontracts concluded with companies linked to the main contractor will not be taken into account, as such are those found in some of the assumptions provided for in Article 42 of the Commercial Code.

3. The infringement of the conditions laid down in the preceding paragraph for subcontracting, as well as the lack of accreditation of the ability of the subcontractor or of the circumstances determining the emergency situation or of those which make subcontracting urgent, may in any event lead to the imposition of a penalty of up to 50 per 100 of the amount of the subcontract.

4. The subcontractors will be obliged only to the main contractor who will therefore assume full responsibility for the performance of the contract in relation to the administration, in strict accordance with the specifications of the individual administrative clauses and the terms of the contract.

The knowledge that the Administration has of the subcontracts concluded under the communications referred to in points (b) and (c) of paragraph 1 of this Article, or the authorisation granted in the case referred to in point (d) of that paragraph, shall not alter the sole responsibility of the main contractor.

5. In no case may the contractor be concerned with the partial performance of the contract with persons who are not entitled to contract in accordance with the legal order or in any of the cases referred to in Article 60.

6. The contractor must inform the representatives of the subcontracting workers in accordance with the labour law.

7. Contracting authorities may impose on the contractor, in the notice or in the documents, subcontracting with third parties not connected thereto, of certain parts of the supply which do not exceed 50% of the amount of the budget of the contract, where they have a substantial substance within the contract as a whole which makes them susceptible to a separate execution, because they must be carried out by undertakings which have a certain professional qualification or be able to attribute their performance to undertakings with a suitable classification for carrying out the contract.

The obligations imposed in accordance with the preceding paragraph shall be considered as special conditions for the performance of the contract for the purposes referred to in Articles 212.1 and 223.f

8. Sub-contractors shall in no case have direct action vis-à-vis the Contracting Administration in respect of the obligations incurred by the contraaor as a result of the performance of the main contract and subcontracts.

9. The provisions of this Article shall apply to the business public entities and to the bodies treated as dependent on the remaining Public Administrations, although the reference to the prohibitions on hiring that is made in paragraph 5 of this Article should be understood as limited to those listed in Article 60.1.

Article 228. Payments to subcontractors and suppliers.

1. The contractor must be obliged to pay the subcontractors or suppliers the price agreed in the terms and conditions set out below.

2. The time limits fixed may not be more unfavourable than those provided for in Article 216.4 for relations between the administration and the contractor, and shall be taken into account from the date of approval by the main contractor of the invoice issued by the subcontractor or supplier, with an indication of their date and of the period to which they correspond.

3. Approval or conformity shall be granted within a maximum period of 30 days after the invoice is presented. Within the same period of time, the reasons for the failure to comply with it shall be made.

4. The contractor shall pay the invoices within the time limit set in accordance with paragraph 2. In the event of a delay in payment, the subcontractor or the supplier shall be entitled to the recovery of the interest on late payment and the compensation for the costs of recovery in accordance with the terms of Law 3/2004 of 29 December.

5. The contractor may agree with the suppliers and sub-contractors of payment periods exceeding those set out in this Article provided that such a pact does not constitute an abusive clause in accordance with the criteria laid down in Article 9 of Law 3/2004 of 29 December, and that the payment is made by means of a negotiable document bearing the exchange rate, the costs of which are discounted or negotiated in the integrity of the contractor's account. In addition, the supplier or subcontractor may require the payment to be guaranteed by endorsement.

TITLE II

Special rules for works contracts, public works concession, public service management, supplies, services and collaboration between the public sector and the private sector

CHAPTER I

Works Contract

Section 1. Performance of the Works Contract

Article 229. Check of the repose.

The execution of the works contract will begin with the review report. For such purposes, within the time limit set out in the contract which may not exceed one month from the date of its formalisation, except in exceptional cases justified, the service of the administration responsible for the work shall, in the presence of the contractor, carry out the verification of the repose prior to the invitation to tender, extending the minutes of the result to be signed by the two parties concerned, a copy of which shall be sent to the body which concluded the contract.

Article 230. Execution of the works and the responsibility of the contractor.

1. The works shall be carried out in strict accordance with the provisions contained in the specification of particular administrative clauses and the project which serves as the basis for the contract and in accordance with the instructions which, in the technical interpretation of the contract, the contractor is the optional director of the works and, where appropriate, the person responsible for the contract, in the fields of his or her respective competence.

2. Where the instructions are of a verbal nature, they must be ratified in writing as soon as possible, in order to be binding on the parties.

3. During the development of the works and until the guarantee period is met, the contractor is responsible for the defects that may be noticed in the construction.

Article 231. Force majeure.

1. In cases of force majeure and provided that there is no reckless action on the part of the contractor, the contractor shall be entitled to compensation for any damage or damage incurred.

2. They will have the following force cases consideration:

(a) Fires caused by atmospheric electricity.

b) The natural phenomena of catastrophic effects, such as tidal waves, earthquakes, volcanic eruptions, terrain movements, maritime storms, floods, or similar.

c) Destruction caused violently in time of war, tumultuous theft or serious disturbances of public order.

Article 232. Certifications and credits to account.

1. For the purposes of payment, the Administration shall issue monthly, in the first ten days following the month to which they correspond, certifications which comprise the work carried out during that period of time, unless otherwise prevented in the specification of particular administrative clauses, the fertilizers of which have the concept of payments to account subject to the corrections and variations that occur in the final measurement and without assuming in any way, approval and receipt of the works they comprise.

2. The contraaor shall also be entitled to receive credits on account of his or her amount for the preparatory operations carried out as installations and the collection of heavy machinery equipment or equipment attached to the work, under the conditions laid down in the respective documents of special administrative clauses and in accordance with the arrangements and limits which are generally determined to be regulated, and which must be guaranteed by the provision of security.

Article 233. Flat-rate works and works with a closed price.

1. Where the nature of the work so permits, the system of flat-rate remuneration may be established, without the existence of unit prices, in accordance with the provisions set out in the following paragraphs where the criterion of remuneration is set as a closed price or in the circumstances and conditions laid down in the rules for the development of this Law for the rest of the cases.

2. The flat-rate remuneration system may, where appropriate, be set up as a closed price, with the effect that the price offered by the successful tenderer shall remain unchanged and the amendments to the contract which are necessary to correct errors or omissions in the drafting of the draft in accordance with Article 107 (1) (a) and (b) shall not be payable.

3. The procurement of flat-rate works with a closed price will require the following conditions to be met:

(a) That this is provided for in the contract documents of particular administrative clauses, and may be established that certain units or parts of the work are excluded from this system and are paid by unit prices.

(b) The units of work for which the price is to be paid under this scheme shall be pre-defined in the draft and have been resubmitted before the invitation to tender. The contracting authority shall ensure that the persons concerned have access to the site where the works are to be located, so that they may carry out the checks they deem appropriate in good time before the closing date for the submission of tenders.

(c) The price corresponding to the items of the contract or units of work contracted by the flat-rate system with a closed price is paid monthly, in the same proportion as the work carried out in the month to which it corresponds to the total of the unit or work item in question.

(d) Where, in accordance with Article 147 (2), tenderers are authorised to submit variants or improvements to certain items or units of work which, in accordance with the contract specifications of particular administrative clauses of the contract, are to be offered for the closed price, the said variants shall be offered under that procedure.

In this case, the tenderers will be obliged to submit a basic project, the content of which will be determined in the contract documents.

The successful tenderer of the contract within the time limit determined by the contract will have to provide the project for the construction of the variants or improvements offered, for its mandatory supervision and approval. In no case shall the price or period of the award be changed as a result of the approval of this project.

Section 2. Modification of the works contract

Article 234. Modification of the works contract.

1. Modifications to the contract of works to be agreed in accordance with Article 219 and Title V of book I shall be compulsory for the contractor.

In the event that the modification involves deletion or reduction of units of work, the contractor will not be entitled to claim any compensation.

2. Where the amendments involve the introduction of units of work not provided for in the project or the characteristics of which differ from those laid down in the draft, the prices applicable to them shall be fixed by the administration, after the contractor has been heard for at least three working days. If the latter does not accept the prices fixed, the contracting authority may contract them with another employer on the same prices as it had fixed or execute them directly.

3. Where the optional Director of the work considers that a modification of the project is necessary, he shall seek the authorization of the contracting authority to initiate the relevant file, which shall be substantiated as a matter of urgency with the following actions:

a) Redaction of the modification of the project and technical approval of the project.

b) Hearing of the contractor and the project editor, for at least three days.

(c) Approval of the file by the contracting authority, as well as the necessary additional costs.

However, variations may be introduced without the need for prior approval when they consist of the alteration in the number of units actually executed on those provided for in the project measurements, provided that they do not represent an increase in expenditure of more than 10% of the original contract price.

4. Where the processing of an amended requires the partial or total temporary suspension of the execution of the works and cause serious damage to the public interest, the Minister, if it is the General Administration of the State, its Autonomous Bodies, the Management Entities and the Common Services of Social Security and other State Public Entities, may agree to continue provisionally the same and as provided for in the technical proposal to prepare the optional address, provided that the maximum amount envisaged does not exceed 10% of the original price of the (a) contract and adequate and sufficient credit for its financing.

The modified file to deal with the effect will only require the incorporation of the following actions:

(a) A reasoned technical proposal made by the optional director of the work, where the approximate amount of the modification is included as well as the basic description of the works to be carried out.

b) The contractor's hearing.

c) Conformity of the contracting authority.

d) Certificate of credit existence.

The project will have to be approved technically within six months, and in the eight-month period the file of the modified one.

Within the aforementioned eight-month period, they will be executed preferably, of the planned units of work, those parts that must not be subsequently and definitively hidden. The authorization of the Minister to provisionally initiate the works will involve in the field of the General Administration of the State, its Autonomous Bodies and the Management Entities and the Common Services of the Social Security the approval of the expenditure, without prejudice to the adjustments to be made at the time of the approval of the record of the expense.

Section 3. Work Contract Compliance

Article 235. Receipt and period of guarantee.

1. The person responsible for the contract referred to in Article 52 of this Law, if he has been appointed, or an optional appointed by the representative administration of the latter, the optional person responsible for the management of the works and the assisted contractor, if appropriate, of his/her optional, shall be responsible for the receipt of the works for completion and for the purposes set out in Article 222.2.

Within three months from the date of receipt, the contracting authority shall approve the final certification of the works executed, which shall be paid to the contractor on account of the liquidation of the contract within the period provided for in Article 216.4 of this Law.

2. If the works are in good condition and in accordance with the requirements laid down, the technical officer appointed by the contracting authority and representative of the contracting authority shall give them by way of receipt, the corresponding minutes being lifted and the guarantee period shall then be started.

When the works are not in the state of being received, they will be recorded in the minutes and the Director of the works will point out the defects observed and will detail the precise instructions setting a time limit to remedy those defects. If the contraaor has not done so on the expiry of that period, he may be granted another new period of time imextendable or declare the contraa to be terminated.

3. The period of guarantee shall be laid down in the specification of particular administrative clauses in the light of the nature and complexity of the work and shall not be less than one year apart from special cases.

Within a period of 15 days prior to the date of the guarantee period, the optional director of the work, either on his own initiative or at the request of the contractor, shall draw up a report on the state of the works. If it is favourable, the contractor shall be relieved of all liability, except as provided in the following Article, with the result that the security, the settlement of the contract and, where appropriate, the payment of the outstanding obligations to be carried out within 60 days shall be repaid or cancelled. In the event that the report is not favourable and the defects observed are due to deficiencies in the execution of the work and not to the use of the construction, during the period of the guarantee, the optional director will proceed to issue the appropriate instructions to the contractor for the proper repair of the construction, giving him a period of time for which he will continue to be in charge of the conservation of the works, without the right to receive any amount due to the extension of the guarantee period.

4. However, in those works the duration of which has no practical purpose such as those of surveys and prospecting which have proved unsuccessful or which, by their nature, require work exceeding the concept of mere conservation as those of dredging, no guarantee period shall be required.

5. Partial reception may be given to parts of the work which may be carried out in phases which may be delivered to public use, as laid down in the contract.

6. Provided that, for exceptional reasons of public interest, duly substantiated in the file, the contracting authority agrees to the effective occupation of the works or to its putting into service for public use, even without the formal act of receipt, since such circumstances have occurred, the effects and consequences of the act of reception of the works will be produced and in the terms in which they are regulated.

Article 236. Responsibility for hidden vices.

1. If the work is ruined after the expiry of the period of guarantee for hidden defects in the construction, due to the contractor's failure to comply with the contract, it shall be liable for damages which are manifest for a period of fifteen years from the date of receipt.

2. After this period of time without any damage or injury, the contractor's liability shall be completely extinguished.

Section 4. Works Contract Resolution

Article 237. Causes of resolution.

These are causes for the resolution of the works contract, in addition to those mentioned in Article 223, the following:

(a) The delay in the verification of the repose, in accordance with Article 229.

b) The suspension of the initiation of the works by the Administration for more than six months.

c) The withdrawal or suspension of the works for a period exceeding eight months agreed by the Administration.

Article 238. Suspension of the initiation of the work.

In the suspension of the administration's initiation of the works, when the Administration will allow six months to be counted without giving an agreement on this situation and notifying the contractor, the contractor will be entitled to the resolution of the contract.

Article 239. Effects of the resolution.

1. The resolution of the contract shall give rise to the verification, measurement and settlement of the works carried out under the project, by fixing the relevant balances for or against the contractor. The citation of the latter, at the address listed in the recruitment file, shall be required for the purpose of the verification and measurement.

2. If the review of the repose is delayed, according to Article 229, giving rise to the termination of the contract, the contractor shall be entitled to an allowance equal to 2 per 100 of the price of the award.

3. In the case of suspension of the initiation of the works by the Administration for longer than six months the contractor will be entitled to receive for all the concepts a compensation of 3 per 100 of the price of the award.

4. In the event of withdrawal or suspension of works initiated for more than eight months, the contractor shall be entitled to 6 per 100 of the price of the works left to be carried out for the purpose of industrial profit, on the basis of works left out of the difference between those reflected in the original contract and its modifications and those which up to the date of notification of the suspension would have been executed.

5. Where the works are to be continued by another employer or by the Administration itself, as a matter of urgency, for reasons of security or to avoid the ruin of the construction, the contracting authority may, once it has notified the contractor of the liquidation of those executed, may agree to its continuation, without prejudice to the fact that the contractor may challenge the assessment made before the contracting authority itself. The contracting authority shall resolve the matter within a period of 15 days.

CHAPTER II

Public Work Grant Contract

Section 1. Construction of the works to be granted

Article 240. Detailed rules for the execution of works.

1. The works shall be carried out in accordance with the project approved by the contracting authority and within the time limits laid down in the specification of particular administrative clauses, and may be implemented with the assistance of the Administration. The execution of the work corresponding to the concessionaire may be contracted in whole or in part with third parties, in accordance with the provisions of this Law and in the specification of particular administrative clauses.

2. The assistance of the Administration in the construction of the work may consist of the execution on its part of the work or its partial financing. In the first case, the part of the work to be carried out must present its own characteristics that allow its differentiated treatment, and must be subject to its completion of the corresponding formal reception. If the specification of particular administrative clauses is not otherwise available, the amount of the work shall be paid in accordance with Article 232. In the second case, the amount of the funding to be granted may be paid in the agreed terms, during the execution of the works, in accordance with Article 232, or after the works have been completed, in the manner specified in Article 254.

Article 241. Responsibility for the execution of works by third parties.

1. It is for the concessionaire to monitor the execution of the works which he contracts with third parties, and the control must be adjusted to the plan which the concessionaire produces and is approved by the contracting authority. The Commission may at any time collect information on the progress of the works and turn the inspection visits it deems appropriate to them.

2. The concessionaire shall be liable to the contracting authority for the consequences arising from the execution or termination of the contracts which it holds with third parties and which is also responsible for the same consequences.

Article 242. Principle of risk and venture in the execution of works.

1. The works shall be executed at the risk and sale of the concessionaire, in accordance with the provisions of Articles 215 and 231, except for that part of the work which may be executed on behalf of the Administration, as provided for in Article 240.2, in which case the general scheme provided for in the contract of works shall govern.

2. For the purposes of calculating the duration of the concession and of the period laid down for the execution of the work, those periods in which it is to be suspended shall not be taken into account for a cause attributable to the administration or due to force majeure. If the concessionaire is responsible for the delay in the execution of the work, the provisions of the system of penalties contained in the specification of particular administrative clauses and in this Law shall be subject to the extension of the time limit for the concession.

3. If the force majeure implies higher costs for the concessionaire, the economic-financial plan will be adjusted. If the force majeure prevents the construction of the works, the contract must be resolved, the contracting authority must pay the total amount of the executed, as well as the higher costs incurred as a result of the indebtedness with third parties.

Article 243. Modification of the project.

Once the contract has been perfected, the contracting authority may only make amendments to the draft in accordance with the provisions of Title V of Book I and Article 249.1.b). The economic and financial plan of the concession shall in any event be subject to the appropriate adjustments to the effects resulting from the increase or decrease in costs.

Article 244. Verification of the works.

1. Upon completion of the works, and for the purposes of following the correct performance of the contract by the concessionaire, the granting of a check by the granting authority shall be carried out. The minutes of formal receipt shall be lifted at the end of the concession where the goods and facilities are delivered to the contracting authority. The lifting and the content of the test report shall be in accordance with the specifications of the individual administrative clauses and those of the minutes of receipt as provided for in Article 235.

2. The audit report shall be accompanied by a document assessing the public works carried out and, where appropriate, a declaration of compliance with the conditions laid down in the environmental impact declaration, which shall be issued by the contracting authority and which shall include the investment made.

3. In works financed in part by the granting administration, by partial credits to the concessionaire based on the monthly certifications of the work executed, the final certification of the work shall accompany the assessment document and the audit report referred to in the preceding paragraph.

4. The approval of the record of the works by the organ of the granting authority shall imply the authorization for the opening of the works to the public use, starting from that moment the period of guarantee of the work when it has been executed by third parties other than the concessionaire, as well as the phase of exploitation.

Section 2. Rights and obligations of the concessionaire and prerogatives of the grantor administration

Subsection 1. Dealership Rights and Obligations

Article 245. Rights of the concessionaire.

Dealers will have the following rights:

(a) The right to exploit the public works and to receive the economic remuneration provided for in the contract during the time of the concession.

(b) The right to maintain the economic balance of the concession, in the form and with the extension provided for in Article 258.

c) The right to use the public domain assets of the grantor administration necessary for the construction, modification, conservation and exploitation of the public works. This right shall include the right to use, exclusively for the construction of the work, the waters that are afloomed or the materials that appear during its execution, subject to the authorization of the competent administration, in each case, for the management of the corresponding public domain.

(d) The right to obtain from the Administration the processing of the procedures for the forced expropriation, the imposition of administrative easements and evictions that are necessary for the construction, modification and exploitation of the public works, as well as the realization of the necessary actions to make the exercise of the rights of the concessionaire viable.

e) The expropriated assets and rights that are affected by the concession will be incorporated into the public domain.

(f) The right to grant the concession in accordance with the provisions of Article 226 and to mortgage the concession under the conditions laid down in the Law, subject to the authorization of the contracting authority in both cases.

g) The right to securitize your credit rights, as provided for in the Law.

h) Any other that are recognized by this or other Laws or by the specifications.

Article 246. Obligations of the concessionaire.

It will be general dealer obligations:

a) Run the works according to the provisions of the contract.

b) Explain the public work, assuming the economic risk of its management with the continuity and in the terms established in the contract or ordered later by the contracting authority.

c) Admit the use of the public works by any user, under the conditions that have been established in accordance with the principles of equality, universality and non-discrimination, by means of the payment, if any, of the corresponding tariff.

d) To take care of the good order and the quality of the public works, and of its use, being able to dictate the appropriate instructions, without prejudice to the police powers that correspond to the contracting authority.

(e) indemnify any damages caused to third parties by reason of the execution of the works or their exploitation, when they are attributable to them in accordance with Article 214.

f) Protect the public domain that is linked to the concession, in particular, preserving the ecological and environmental values of the concession.

g) Other provisions in this or other law or in the specification of particular administrative clauses.

Article 247. Use and conservation of public works.

1. The concessionaire must take care of the proper application of the rules on the use, police and conservation of the public works.

2. The staff responsible for the operation of the public works, in the absence of officials of the authority, may take the necessary measures in order to use the public works, making, where appropriate, the relevant complaints. For these purposes, they shall serve as a means of proof obtained by the staff of the duly accredited concessionaire and with the means previously approved by the competent authority, as well as any other admitted in law.

3. The concessionaire may prevent the use of the public works from those users who do not pay the corresponding fee, without prejudice to what is established in the relevant sectoral legislation in this respect.

4. The concessionaire must maintain the public works in accordance with what, at each moment and according to the progress of the science, has the technical, environmental, accessibility and elimination of barriers and safety regulations of the users that results from application.

5. The Administration may include in the specifications mechanisms to measure the quality of the service offered by the concessionaire, and to grant economic benefits or penalties to the concessionaire.

Article 248. Complementary areas of commercial exploitation.

1. In view of its purpose, public works may include, in addition to the areas which are precise according to their nature, other areas or areas for the execution of complementary, commercial or industrial activities which are necessary or suitable for the utility which they provide to the users of the works and which are susceptible to differentiated economic use, such as hotels, service stations, leisure areas, parking lots, commercial premises and other susceptible of exploitation.

2. These complementary activities shall be implemented in accordance with the provisions of the general or particular documents governing the granting and, where appropriate, of the legislation or urban planning that is applicable.

3. The corresponding zones or spaces shall be subject to the principle of the management and control unit of the Public Administration and shall be jointly operated by the concessionaire, directly or through third parties, in the terms laid down in the appropriate contract documents.

Subsection 2. ª Prerogatives and Rights of Administration

Article 249. Prerogatives and rights of the Administration.

1. Within the limits and subject to the requirements and with the effects indicated in this Law, the contracting authority or, where appropriate, the body to be determined in the specific legislation, shall have the following prerogatives and rights in relation to public works concession contracts:

a) Interpret contracts and resolve doubts that offer their compliance.

(b) To amend the contracts for reasons of public interest duly justified, in accordance with the provisions of Title V of book I.

(c) Reset the economic balance of the concession in the public interest, in the form and with the extension provided for in Article 258.

(d) Agree to the resolution of the contracts in the cases and under the conditions laid down in Articles 269 and 270.

e) Establish, where appropriate, the maximum rates for the use of the public works.

(f) To monitor and monitor compliance with the obligations of the concessionaire, to which effect it may inspect the service, its works, installations and premises, as well as the documentation, related to the subject matter of the concession.

g) To assume the exploitation of the public works in the cases in which the granting of the concession occurs.

(h) Impose the relevant penalty to the concessionaire by reason of the defaults in which it incurs.

i) Exercise the role of police in the use and exploitation of public works in terms of specific sectoral legislation.

(j) to impose on a temporary basis the conditions of use of the public works which are necessary to solve exceptional situations of general interest, paying the compensation which, if appropriate, applies.

k) Any other rights recognized in this or other laws.

2. The exercise of the administrative prerogatives provided for in this Article shall be in accordance with the provisions of this Law and the specific legislation applicable to it.

In particular, the opinion of the State Council or equivalent advisory body of the Autonomous Community shall be required in cases of interpretation, modification, nullity and resolution, where opposition is expressed by the concessionaire, in the modifications agreed at the stage of execution of the works that are in the case provided for in Article 211.3.b) and in those cases provided for in the specific legislation.

Article 250. Modification of the public works.

1. The contracting authority may agree, where the public interest so requires and if the circumstances provided for in Title V of Book I, the modification of the public works, as well as its extension or, if the circumstances provided for in Article 171.b are met, are met, the carrying out of complementary works directly related to the subject matter of the concession during the period of validity of the concession, proceeding, where appropriate, to the revision of the economic-financial plan in order to accommodate the new circumstances.

2. Any amendment affecting the economic balance of the concession shall be governed by the provisions of Article 258.

3. The amendments which, due to their physical and economic characteristics, permit their independent exploitation, shall be subject to a new invitation to tender for their construction and operation.

Article 251. Abduction of the concession.

1. The contracting authority may, after hearing the concessionaire, agree to the seizure of the concession in cases where the concessionaire is unable to deal, temporarily and with serious social damage, to the exploitation of the public works for reasons other than the same or to a serious breach of its obligations which would endanger such exploitation. The agreement of the contracting authority shall be notified to the concessionaire and if the dealer does not correct the deficiency within the time limit set for it, the kidnapping shall be carried out. The kidnapping may also be agreed upon in the other cases listed in this Law with the intended effects.

2. The contracting authority shall be responsible for the direct exploitation of the public works and the perception of the established consideration, and may use the same personnel and material of the concessionaire. The contracting authority shall designate one or more interventors which shall completely or partially replace the management staff of the concessionaire. The holding of the public works object of kidnapping shall be carried out on behalf and at the risk of the concessionaire, to whom it shall be returned, at the end of that one, with the balance resulting after satisfying all the expenses, including the fees of the financial controllers, and deducting, in his case, the amount of penalties imposed.

3. The abduction shall be of a temporary nature and its duration shall be determined by the contracting authority without exceeding three years, including any possible extensions. The contracting authority shall, on its own initiative or at the request of the concessionaire, cease the abduction where it has been established that the reasons for which it has been abolished have disappeared and the concessionaire must be able to continue the normal operation of the public works. After the date set for the abduction without the concessionaire having guaranteed full ownership of its obligations, the contracting authority shall decide on the concession contract.

Article 252. Penalties for non-compliance of the concessionaire.

1. The specifications of individual administrative clauses shall establish a catalogue of breaches of the obligations of the concessionaire, distinguishing between those of a minor and serious nature. The total or partial non-compliance by the concessionaire of the prohibitions laid down in this Law, the omission of actions that are mandatory according to it, and, in particular, the non-compliance with the deadlines for the execution of the works, the negligence in the performance of their duties of use, the police and the preservation of the public works, the unjustified interruption total or partial of their use, and the charging to the user of amounts superior to the legally authorized.

2. The contracting authority may impose penalties of an economic nature, which shall be laid down in the documents in proportion to the type of non-compliance and the economic importance of the holding. The maximum limit for penalties to be imposed may not exceed 10 per 100 of the total budget of the work during its construction phase. If the concession is in operation, the maximum limit of the annual penalties may not exceed 20 per 100 of the income obtained from the exploitation of the public works during the previous year.

3. In addition, serious non-compliances will give rise to the resolution of the concession in the cases provided for in the relevant documents.

4. In addition to the assumptions provided for in this Law, the documents will establish the serious non-compliances that may result in the temporary sequestration of the concession, regardless of the penalties that in each case come due to the non-compliance.

5. During the period of execution of the work, the system of penalties to be imposed on the concessionaire shall be that laid down in Article 212.

6. Irrespective of the penalty scheme provided for in the contract, the administration may also impose periodic penalty payments on the concessionaire when it persists in the breach of its obligations, provided that it had been previously required and had not complied with them within the time limit set. In the absence of any specific legislation, the daily amount of the fine shall be EUR 3 000.

Section 3. Economic-financial framework of the concession

Article 253. Financing of the works.

1. The public works to be awarded shall be financed, in whole or in part, by the concessionaire which, in any event, will assume the risk on the basis of the investment made.

2. Where there are reasons for economic or social profitability, or if there are special requirements arising from the public interest or general interest of the work to be granted, the Administration may also provide public resources for its financing, which shall take the form of joint financing of the work, by means of grants or loans reintegrable, with or without interest, in accordance with Article 240 and in this section, and in accordance with the provisions of the corresponding specifications of particular administrative clauses, and in any event the principle of risk assumption by the dealer.

3. The construction of the public works to be granted may also be financed with contributions from other public administrations other than the grantor, in the terms that are contained in the corresponding agreement, and with the financing that may come from other national or international agencies.

Article 254. Public contributions to construction.

1. Public Administrations may contribute to the financing of the work by means of contributions to be made during the execution phase of the works, as provided for in Article 240 of this Law, after the completion of the works or at the end of the concession, and the amount of which shall be fixed in the corresponding specifications or by the tenderers in their tenders when it is established in those documents. In the last two cases, the rules on contracts for works under the form of full payment shall apply, except in the case of the payment of the credit.

2. The public contributions referred to in the preceding paragraph may consist of non-cash contributions from the contracting authority or any other administration with which there is an agreement to that effect, in accordance with the assessment of the arrangements contained in the specification of particular administrative clauses.

The real estate that is delivered to the concessionaire will be integrated into the estate affected by the concession, destined to the intended use in the project of the work, and will revert to the Administration at the moment of its extinction, and must be respected, in any case, the provisions of the plans of urban planning or sectorial that affect them.

Article 255. Remuneration for the use of the work.

1. The concessionaire shall be entitled to receive from the users or the Administration a remuneration for the use of the work in the form provided for in the specification of particular administrative clauses and in accordance with the provisions of this Article.

2. The fees paid by users for the use of public works shall be set by the contracting authority in the award agreement. The rates will have the maximum character and the dealers will be able to apply lower rates when they see fit.

3. The fees shall be reviewed in accordance with the procedure laid down in the specification for particular administrative clauses.

In accordance with Article 131.1.c) .4th, the economic-financial plan of the concession shall establish the impact on the rates of the returns on the demand for the use of the work and, where it exists, the profits derived from the exploitation of the commercial zone, when they do not reach or when they exceed, respectively, the minimum and maximum levels that are considered in the offer.

4. The remuneration for the use of the work may be paid by the Administration taking into account its use and in the form provided for in the specification of particular administrative clauses.

5. The concessionaire shall also be paid with the proceeds from the operation of the commercial area linked to the concession, in the case of such a concession, as laid down in the specification of particular administrative clauses.

6. The concessionaire must be able to separate the revenue from the public contributions and those from the fees paid by the users of the work and, where appropriate, those from the operation of the commercial area.

Article 256. Public contributions to the holding.

Public Administrations may grant the concessionaire the following contributions in order to ensure the economic viability of the operation of the work:

(a) Subventions, reintegrable advances, participative loans, subordinated or otherwise, approved by the contracting authority to be contributed from the beginning of the exploitation of the work or in the course of the work when it is foreseen that they will be necessary to guarantee the economic and financial viability of the concession. The repayment of the loans and the payment of interest accrued on their case shall be in accordance with the terms laid down in the concession.

b) Aid in exceptional cases where, for reasons of public interest, it is advisable to promote the use of the public works before its exploitation reaches the minimum threshold for profitability.

Article 257. Differentiated public works.

1. Where two or more public works maintain a functional relationship between them, the contract for the award of public works does not lose its nature by the fact that the use of a part of the works constructed is not subject to remuneration provided that that part is also the responsibility of the granting authority and has an impact on the exploitation of the concession.

2. The corresponding specification of specific administrative clauses shall clearly specify the aspects concerning the work to be granted, as determined in this Law, distinguishing, for these purposes, the part of the remuneration of that part which is not.

Bidders must present the corresponding economic-financial plan that includes both parts of the works.

3. In any event, the total amount of the works carried out shall be taken into account in determining the rates to be applied for the use of the work.

Article 258. Maintenance of the economic balance of the contract.

1. The contract for the award of public works must maintain its economic equilibrium in the terms which were considered for its award, taking into account the general interest and the interest of the concessionaire, in accordance with the provisions of the following paragraph.

2. The administration shall restore the economic balance of the contract, to the benefit of the relevant party, in the following cases:

(a) When the Administration amends, for reasons of public interest and in accordance with the provisions of Title V of book I, the operating conditions of the work.

b) When causes of force majeure or actions of the Administration will directly determine the substantial breakdown of the economy of the concession. For these purposes, the force majeure shall be understood as those listed in Article 231.

(c) Where the assumptions are made in the contract itself for review, as provided for in point (c) of paragraph 4, and in point (d) of Article 131.1.

3. In the cases provided for in the preceding paragraph, the restoration of the economic equilibrium of the contract shall be carried out by means of the measures taken in each case. These measures may consist of the modification of the tariffs established by the use of the work, the reduction of the concession period, and, in general, any modification of the economic content clauses included in the contract. In addition, in the cases provided for in paragraph 2 (b), and provided that the remuneration of the concessionaire has resulted in more than 50% of the fees paid by the users, the period of the concession may be extended for a period not exceeding 15% of its initial duration. In the case of force majeure provided for in paragraph 2 (b), the granting authority shall ensure the minimum returns agreed in the contract provided that it does not prevent the completion of the works or the continuity of its operation.

Section 4. Private Financing

Subsection 1. Th Issuance of Titles by the Dealer

Article 259. Issuance of bonds and other securities.

1. The concessionaire may appeal to the credit on the capital market, both external and internal, by issuing all kinds of bonds, bonds or other similar securities admitted in law.

2. Securities may not be issued with a total or partial repayment period ending at a later date after the end of the concession.

3. Emissions of obligations may be subject to the endorsement of the State and its public bodies, which shall be granted in accordance with the requirements of the budgetary rules. The granting of the guarantee by the Autonomous Communities, local authorities, their respective public bodies and other subjects subject to this Law will be granted in accordance with what is established by their specific regulations.

4. The issuance of the bonds, bonds or other securities referred to shall be communicated to the contracting authority within one month from the date of each issue.

5. The emission of securities regulated in this article and the following will result in the application of the provisions of Law 24/1988 of 28 July of the Stock Market.

6. If the issue has been registered with the National Securities Market Commission and the financial risk corresponding to the securities has been positively assessed by a qualifying entity recognised by that supervisory entity, the limit of the amount provided for in Article 405 of the recast of the Capital Companies Act and in the second paragraph of Article 1 of Law 211/1964 of 24 December 1964 on the regulation of the issuance of obligations by companies that have not adopted the form of public limited liability companies, associations or other legal persons and the legal entity shall not apply. constitution of the bond-holders ' union.

Article 260. Incorporation into negotiable securities of the credit rights of the concessionaire.

1. Securities may be issued that represent a participation in one or more of the credit rights in favor of the concessionaire consisting of the right to charge the fees, the income that may be obtained by the exploitation of the commercial elements related to the concession, as well as those corresponding to the contributions that the Administration must make. The assignment of these rights shall be formalized in public deed which, in the event of the transfer of the contributions to be made by the Administration, shall be notified to the contracting authority without prejudice to the provisions of the fifth paragraph of this paragraph.

The securities referred to above shall be represented in securities or in notes, one or more issues may be issued and may affect credit rights provided for one or more different economic years.

Both the shares and directly the credit rights referred to in the first subparagraph of this paragraph may be incorporated into asset-backed securities which shall be governed by the specific rules applicable to them.

For the subscription and holding of these securities which is not limited to institutional or professional investors, a marginal note will be left in the registration of the corresponding concession. The characteristics of the emissions must also be recorded in the annual reports of the companies making them.

The issuance of these securities will require prior administrative authorization from the contracting authority, the grant of which may be refused only when the good end of the concession or other relevant public interest reason warrants it.

2. Whenever a natural or legal person acting as the sole representative to the Administration is appointed in advance for the purposes of this paragraph, the security holders referred to in paragraph 1 of this Article may exercise the powers conferred on the mortgage creditor in Article 262. If, in addition, the operations referred to in paragraph 1 have expressly provided for the satisfaction of the rights of the holders before the time of the concession period, they may exercise the powers referred to in Article 262 (3) from the expiry of the securities.

3. Where the concession is due to the concessionaire without the creditors having obtained the reimbursement corresponding to their securities, the granting authority may choose one of the following actions:

(a) Unless the causes of extinction are those provided for in Article 269.b), agree to the abduction of the concession as provided for in Article 251 of this Law to the sole purpose of satisfying the rights of the creditors without the concessionaire being able to receive any income.

b) Resolve the concession, agreeing with the creditor's representative the amount of the debt and the conditions under which it will be amortized. In the absence of agreement, the Administration shall be released with the making available to the creditors of the minor of the following amounts:

1. The amount of compensation to be paid to the concessionaire by application of the provisions of Article 271 of this Law.

2. The difference between the nominal value of the issue and the amounts received up to the time of the granting of the concession in respect of both interest and partial write-downs.

4. If the dealer and the creditors are not liable for a decision, the administration may choose to act in accordance with paragraph (a) of the previous paragraph or to resolve the concession by agreeing with the creditor's representative to the amount of the debt and the conditions under which it shall be written off. In the absence of an agreement, the Administration shall be released with the making available of the difference between the nominal value of its investment and the amounts received up to the time of the granting of the concession in respect of both interest and partial write-downs.

5. The power to agree to the invitation to tender for a new concession shall always remain safe after the previous one has been settled.

6. Applications relating to the administrative authorisations provided for in this Article shall be decided by the competent body within one month and shall be deemed to be rejected if it does not resolve and notify within that period.

Subsection 2. Th Concession Mortgage

Article 261. Subject of the mortgage of the concession.

1. Public works concessions with the goods and rights that they have incorporated shall be mortgageable in accordance with the provisions of the mortgage legislation, subject to the authorization of the contracting authority.

The mortgage of public works concessions will not be allowed in the guarantee of debts that do not relate to the corresponding concession.

2. Applications relating to the administrative authorisations provided for in this Article and the following shall be settled by the competent body within one month, and shall be deemed to be rejected if it does not resolve and notify within that period.

Article 262. Rights of the mortgage creditor.

1. Where the value of the mortgaged concession is seriously impaired by reason attributable to the concessionaire, the mortgage creditor may request the contracting authority to make a statement on the actual existence of such deterioration. If the latter is confirmed, it may also request the Administration, after hearing the concessionaire, to order the dealer to do or not to do as necessary to prevent or remedy the damage, without prejudice to the possible exercise of the action of devastation provided for in Article 117 of the Mortgage Law. However, where the administrative action provided for in this paragraph is exercised, the mortgage creditor shall be deemed to waive the action provided for in Article 117 of the Mortgage Law.

2. Where the resolution of the concession for failure to comply with any of the obligations of the concessionaire is proceeding, the Administration shall, before resolving, give an audience to the mortgage creditor in case it offers subrogation in its compliance and the Administration shall consider such an offer to be compatible with the good end of the concession.

3. If the guaranteed obligation has not been fully or partially satisfied at the time of its expiry, before promoting the relevant enforcement procedure, the mortgage creditor may exercise the following powers provided that it has been provided for in the relevant mortgage constitution:

(a) Request from the Administration that, after hearing the concessionaire, arrange for the repayment of the debt to be allocated a portion of the collection and the amounts that, if any, the Administration would have to make the concessionaire effective. To this end, the creditor may, on behalf of and at the risk of the creditor, designate a financial controller to check the income thus obtained and to take charge of the part which has been indicated, which may not exceed the percentage or amount previously determined.

(b) If there are good assets to do so, request from the granting authority that, after hearing the concessionaire, grant the holding for a certain period of time of all or part of the complementary areas of commercial exploitation. In the event that these areas are being exploited by a third party under a legal/private relationship with the dealer, the measure referred to in this paragraph must be notified to that third party with the indication that it is obliged to make payments to the mortgage creditor which it should make to the concessionaire.

Article 263. Foreclosure of the mortgage.

1. The successful tenderer in the foreclosure proceedings shall be subrogated to the position of the concessionaire, subject to administrative authorization, in the terms set out in the following paragraph.

2. Any person wishing to participate in the foreclosure proceedings as a bidder or a successful tenderer, including the mortgage creditor himself, if the sectoral legislation does not prevent him, must inform the contracting authority in order to obtain the appropriate administrative authorization, which must be notified to the person concerned within the maximum period of 15 days, without which he will not be admitted to the proceedings. The authorization shall be regulated and shall be granted provided that the petitioner complies with the requirements of the concessionaire.

If the construction phase has been completed or is not part of the subject matter of the concession, only the requirements necessary to carry out the operation of the work shall be required.

3. If the auction is deserted or no interested party is authorized by the contracting authority to participate in the foreclosure proceedings, the granting authority may choose to take any of the following actions in the event that the authorized mortgage creditor, if applicable, to be a dealer does not opt for the exercise of the right conferred on him by Article 671 of Law 1/2000 of January 7, and Civil Procedure:

(a) Agreed to hijack the concession as provided for in Article 251 of this Law without the concessionaire being able to receive any income. A hearing will be given to the mortgage creditor to offer the possibility of proposing a new concessionaire. If the proposal does not occur or the proposed candidate does not meet the requirements required in accordance with the above paragraph, the same concession shall be issued in the shortest possible time.

b) Resolve the concession and, in agreement with the mortgage creditors, fix the amount of the debt and the conditions under which it must be amortised. In the absence of agreement, the Administration shall be released with the provision of the creditors of the amount of the compensation corresponding to the concessionaire in accordance with the provisions of Article 271 of this Law.

Article 264. Rights of holders of registered or entered charges on the concession for the case of concessional resolution.

1. When the grant resolution procedure and there are rights holders or charges entered or recorded in the Land Registry on the concession, the following rules shall be observed:

(a) The Administration, starting the procedure, must apply for incorporation to the record of the record of the Registry of the Property, in order to be able to be heard all the holders of such loads and rights.

(b) The registrar shall, at the time of issue of the certification referred to in the preceding paragraph, extend note to the extent of the registration of the concession on the initiation of the resolution procedure.

(c) To cancel the seats practiced in favor of the holders of the said charges and rights, it shall be necessary to mediate a final administrative decision declaring the decision of the concession and the prior deposit at the disposal of the referring holders of the quantities and eventual indemnities that the Administration should pay to the concessionaire as provided for in Article 271.

2. Without prejudice to the provisions of the foregoing Article, in the event that the auction is deserted, where the decision to grant the concession is due to the concession holder, the holders of the rights and charges referred to in the preceding paragraph may exercise, in their order, the right to subrogate themselves in the legal position of the concessionaire, provided that, in order to meet the necessary requirements, they were previously authorized by the contracting authority.

Subsection 3. Other sources of funding

Article 265. Participatory appropriations.

1. Participative appropriations for the financing of the construction and operation, or only the holding, of the public works to be granted are allowed. In such cases the participation of the creditor shall be on the revenue of the concessionaire.

2. The concessionaire may repay the borrowed capital in advance in the agreed terms.

3. Exceptionally, public administrations will be able to contribute to the financing of the work through the provision of participatory credits. In such cases, and unless otherwise expressly provided, the concessionaire may not repay the borrowed capital in advance, unless the early repayment implies the payment by the concessionaire of the net present value of the expected future profits according to the revised economic-financial plan and approved by the competent authority of the Administration at the time of the return of the capital.

4. The procurement of such claims shall be communicated to the contracting authority within a period of not more than one month from the date on which they were granted.

Section 5. Th Extinction of Concessions

Article 266. Modes of extinction.

Public works concessions will be extinguished by compliance or by resolution.

Article 267. Extinction of the concession in the course of the period.

1. The concession shall be deemed to be extinguished by compliance with the time limit initially laid down or, where appropriate, the period resulting from the carryovers agreed in accordance with Article 258.3, or the reductions decided upon.

2. All contracts relating to the granting and exploitation of their commercial zones shall also be extinguished.

Article 268. Deadline for the concessions.

1. Concessions for the construction and operation of public works shall be granted for the period laid down in the specification of special administrative clauses, which may not exceed 40 years.

2. The time limits laid down in the specifications may be extended only for the reasons set out in Article 258.3.

3. The concessions relating to hydraulic works will be governed, in terms of their duration, by article 134.1.a) of the recast text of the Law of Waters, approved by the Royal Legislative Decree 1/2001, of July 20.

Article 269. Causes of resolution.

The following are causes for the resolution of the public works concession contract:

(a) The death or incapacity of the individual concessionaire or the extinction of the legal personality of the concessionaire.

(b) The declaration of competition or the declaration of insolvency in any other procedure.

(c) The foreclosure of the foreclosure declared void or the impossibility of initiating the foreclosure procedure for lack of authorized persons authorized to do so in the cases in which it proceeded, in accordance with the provisions of the Law.

d) The mutual agreement between the grantor and the dealer.

(e) Abduction of the concession for a period exceeding the maximum period without the contractor having guaranteed full ownership of its obligations.

(f) The delay of more than six months by the contracting authority in the delivery to the dealer of the consideration, of the land or of the auxiliary means to which it was obliged under the contract.

g) The rescue of the exploitation of the public works by the contracting authority. The unilateral declaration of the contracting authority, which is discretionally adopted, shall be understood as a rescue, notwithstanding the good management of its holder.

(h) The abolition of the exploitation of public works for reasons of public interest.

i) The impossibility of the exploitation of the public works as a result of agreements adopted by the Administration after the contract.

j) Abandonment, unilateral waiver, as well as non-compliance by the dealership with its essential contractual obligations.

k) Any other causes expressly referred to in this or other Law or in the contract.

Article 270. Application of the causes of resolution.

1. The decision of the contract shall be agreed by the contracting authority, either on its own initiative or at the request of the concessionaire, by means of the procedure to be applied in accordance with the law of contracts.

2. The insolvency declaration and, in the case of a contest, the opening of the settlement stage, as well as the causes of the decision referred to in paragraphs (e), (g), (h) and (i) of the previous Article, shall always result in the termination of the contract. In the other cases, it will be necessary for the party to whom the cause of the resolution is not to be imputable.

3. Where the cause of termination is the death or inability of the individual contractor, the Administration may agree to the continuation of the contract with its heirs or successors, provided that they comply or undertake to comply, within the time limit set for that purpose, with the requirements of the initial concessionaire.

4. The resolution by mutual agreement may only take place if the concession is not subject to an agreed abduction for serious infringement of the concessionaire and whenever reasons of public interest make the continuation of the contract unnecessary or inconvenient.

5. In the case of mergers of undertakings in which the concessionary company is involved, prior administrative authorisation shall be required in order to enable the acquiring or resulting entity of the merger to continue the concession and to be subrogated to all rights and obligations arising from the merger.

6. In the case of a division, contribution or transfer of undertakings, the contract with the resulting entity may be continued only if it is expressly authorised by the contracting authority, considering the conditions laid down for the award of the concession, depending on the degree of development of the concession business at the time of such circumstances.

Article 271. Effects of the resolution.

1. In the cases of resolution, the Administration shall pay the concessionaire the amount of the investments made by reason of the expropriation of land, execution of construction works and purchase of goods that are necessary for the exploitation of the work to be granted. For this purpose, account will be taken of the degree of depreciation in terms of the time it will take for the term of the concession and the financial and economic plan. The resulting amount shall be fixed within six months, unless otherwise specified in the specification of particular administrative clauses.

2. In the case of paragraph (f) of Article 269, the concessionaire may opt for the termination of the contract, with the effects set out in the following paragraph, or for requiring the payment of the legal interest of the amounts due or the agreed economic values, on the expiry of the period laid down for the fulfilment of the consideration or delivery of the goods agreed.

3. In the case of paragraphs (g), (h) and (i) of Article 269, and without prejudice to the provisions of paragraph 1 of this Article, the granting authority shall indemnify the concessionaire for the damage and damage to which it is liable. In order to determine the amount of the compensation, account shall be taken of the future benefits that the concessionaire will no longer receive, taking into account the operating results in the last five years where possible, and the loss of the value of the works and installations that are not to be delivered to the latter, considering their degree of depreciation.

4. When the contract is settled for cause attributable to the concessionaire, the security shall be seized and shall, in addition, indemnify the Administration for damages caused in excess of the amount of the guarantee seized.

5. The contracting authority may also agree to the resolution of the contracts awarded by the concessionaire for the use of the complementary areas. The contracting authority may also agree, as a result of the decision on the award, to settle the contracts awarded for commercial exploitation, paying the compensation which it corresponds to. This allowance shall be paid by the concessionaire when the decision is taken as a result of the cause of the compensation. Where the decision of the said contracts is not agreed, the holders of the rights of exploitation shall continue to exercise them, being obliged to the contracting authority in the same terms as they were in front of the concessionaire, unless, by mutual agreement, the review of the relevant contract is reached.

6. Where the contract is settled by mutual agreement, the rights of the parties shall be accommodated in accordance with the provisions of the agreement.

Article 272. Fate of the works to the extinction of the concession.

1. The concessionaire shall be obliged to give to the granting authority, in good condition of conservation and use, of the works included in the concession, as well as of the goods and facilities necessary for its operation and of the goods and facilities included in the zone of commercial exploitation, if any, in accordance with the provisions of the contract, all of which will be reflected in the act of receipt.

2. However, the documents may provide that, at the end of the concession, these works, goods and installations, or some of them, must be demolished by the concessionaire, by replenishing the goods on which they settle to the state in which they were before their construction.

Section 6. Third Party Execution of Works

Article 273. Subcontracting.

1. The contracting authority may impose on the public works concessionaire a percentage of the contracts representing at least 30 per 100 of the total value of the works covered by the concession to third parties, while providing for the possibility for candidates to increase this percentage; this minimum percentage shall be included in the contract for the award of works.

2. Where the authority referred to in the previous paragraph is not used, the contracting authority may invite the candidates for the award to indicate in their tenders, where appropriate, the percentage of the overall value of the works covered by the concession which they intend to entrust to third parties.

Article 274. Award of works contracts by the concessionaire.

1. Where the concessionaire of the public works has the character of a contracting authority in accordance with Article 3.3, it shall respect, in respect of works to be performed by third parties, the provisions of this Law on the award of works contracts.

2. The award of works contracts by public works dealers who do not have the character of contracting authorities shall be governed by the rules set out in paragraphs 3 and 4 of this Article where the award is made to a third party and the value of the contract is equal to or greater than EUR 4,845,000, except that in the contract circumstances permit the award of the contract by a negotiated procedure without advertising.

You will not have the consideration of third parties that have been grouped to obtain the concession or the companies linked to them. A related undertaking shall mean any undertaking in which the concessionaire may exercise, directly or indirectly, a dominant influence, or any undertaking which may have a dominant influence on the concessionaire or which, in the same way as the concessionaire, is subject to the dominant influence of another undertaking on grounds of ownership, financial participation or regulatory standards. It shall be presumed that there is a dominant influence when a company, directly or indirectly, is in one of the following situations with respect to another:

a) That owns the majority of the company's subscribed capital;

(b) which holds the majority of the votes for the units issued by the

;

(c) which may designate more than half of the members of the administrative, management or supervisory body of the undertaking.

The exhaustive list of these companies must be attached to the application for the concession, and updated in the light of the changes that occur later in the relations between the companies.

3. The rules on advertising contained in Article 142 shall apply to these procedures.

4. The concessionaire shall fix the time limit for the receipt of requests for participation, which may not be less than 30 days and seven days from the date of dispatch of the contract notice, and the time limit for the receipt of tenders, which may not be less than 40 days from the date of dispatch of the contract notice to the Official Journal of the European Union or the invitation to tender.

When announcements are prepared and sent by electronic, computer or telematic means, the time limits for receipt of tenders and the time limit for receipt of requests to participate may be reduced by seven days.

It will be possible to reduce within five days the time limits for receipt of tenders when unrestricted, direct and complete access by electronic, computer or telematics means, to the specification and to any additional documentation, specifying in the text of the announcement the internet address in which the documentation can be consulted. This reduction may be added to that provided for in the preceding paragraph.

In any event, the provisions of Article 158.3 and the prohibition on hiring provided for in Article 60.1.a) shall apply in relation to the successful tenderers of these contracts.

CHAPTER III

Public Service Management Contract

Section 1. General Provisions

Article 275. Scope of the contract.

1. The administration may, by contract, manage indirectly the services of its competence, provided that they are susceptible to exploitation by individuals. In no case may services involving the exercise of the authority inherent in the public authorities be provided for indirect management.

2. The contract will clearly express the scope of the management, both in the functional order and in the territorial.

Article 276. Legal regime.

The effects, compliance and extinction of public service management contracts shall be governed by this Law, excluding articles 212, paragraphs 2 to 7, inclusive, 213, 220 and 222, and the special provisions of the respective service, as soon as they are not opposed.

Article 277. Modalities of the procurement.

The procurement of public service management may adopt the following modalities:

a) Concession, whereby the employer will manage the service at his/her own risk and venture.

(b) Interested management, in the virtue of which the Administration and the employer shall participate in the results of the operation of the service in the proportion to be established in the contract.

(c) a natural or legal person who comes with the same benefits as the public service concerned.

(d) A mixed economy company in which the Administration participates, by itself or through a public entity, in concurrence with natural or legal persons.

Article 278. Duration.

The contract for the management of public services may not be of a perpetual or indefinite nature, necessarily fixing in the specification of particular administrative clauses its duration and that of any period of grace which may be the subject of the contract, without exceeding the total period, including extensions, of the following periods:

(a) Fifty years in contracts which include the execution of works and the holding of public service, except that this is a market or a wholesale central auction of food items managed by a municipal mixed-economy company, in which case it may be up to 60 years.

b) Twenty-five years in contracts which comprise the operation of a public service not related to the provision of health services.

(c) Ten years in contracts covering the operation of a public service, the object of which is the provision of health services provided that they are not covered by point (a).

Section 2. Running the public service management contract

Article 279. Performance of the contract.

1. The contractor is obliged to organise and provide the service with strict application to the characteristics laid down in the contract and within the time limits specified therein, and, where appropriate, to the execution of the works in accordance with the project approved by the contracting authority.

2. In any event, the Administration shall retain the necessary powers to ensure the proper conduct of the services concerned.

Article 280. General obligations.

The contractor will be subject to compliance with the following obligations:

(a) To provide the service with the agreed continuity and to guarantee to the private individuals the right to use it under the conditions that have been established and by the payment, if any, of the economic consideration included in the approved tariffs.

(b) To take care of the good order of the service, being able to issue the appropriate instructions, without prejudice to the police powers referred to in the previous article.

(c) Indemnify any damages caused to third parties as a result of operations requiring the development of the service, except where the damage is caused by causes attributable to the Administration.

d) Respect the principle of non-discrimination on grounds of nationality, in respect of undertakings of Member States of the European Community or signatories to the Agreement on Public Procurement of the World Trade Organisation, in the supply contracts resulting from the management of public services.

Article 281. Economic benefits.

1. The contractor is entitled to the financial compensation provided for in the contract, including, in order to make cash his right to the operation of the service, a remuneration fixed on the basis of his or her use which will be collected directly from the users or the administration itself.

2. The agreed economic contracts shall be reviewed, if appropriate, in the form set out in the contract.

Section 3. Modification of the public service management contract

Article 282. Modification of the contract and maintenance of its economic equilibrium.

1. The Administration may amend for reasons of public interest and if the circumstances provided for in Title V of book I, the characteristics of the service contracted and the fees to be paid by the users.

2. Where the changes affect the financial arrangements of the contract, the administration shall compensate the contractor in such a way as to maintain the balance of the economic assumptions which were considered as basic in the award of the contract.

3. In the event that the agreements which the Administration makes in respect of the development of the service are without economic significance, the contractor shall not be entitled to compensation for the reasons therefor.

4. The administration shall restore the economic balance of the contract, to the benefit of the relevant party, in the following cases:

(a) When the Administration modifies, for reasons of public interest and in accordance with the provisions of Title V of book I, the characteristics of the contracted service.

(b) When actions by the Administration directly determine the substantial breakdown of the contract economy.

c) When causes of force majeure will directly determine the substantial breakdown of the economy of the contract. For these purposes, the causes of force majeure are those listed in Article 231 of this Law.

5. In the cases provided for in the preceding paragraph, the restoration of the economic equilibrium of the contract shall be carried out by means of the measures taken in each case. These measures may consist of the modification of the rates to be paid by the users, the reduction of the contract period and, in general, any modification of the economic content clauses included in the contract. Likewise, in the cases provided for in paragraphs 4 (b) and (c), the time limit for the contract may be extended for a period not exceeding 10% of its initial duration, in compliance with the legally prescribed maximum duration limits.

Section 4. th Compliance and effects of the utility management contract

Article 283. Reversal.

1. When the contractual period ends, the service shall revert to the Administration, and the contractor must deliver the works and facilities to which he is obliged under the contract and in the appropriate state of conservation and operation.

2. During a prudential period prior to the reversal, which shall be fixed in the statement of specifications, the competent authority of the Administration shall adopt the provisions aimed at ensuring that the goods are delivered under the agreed conditions.

Article 284. Lack of delivery of economic contracts and auxiliary means.

If the Administration does not make the contractor effective in the economic consideration or will not deliver the auxiliary means to which the contract was required within the time limits provided for in the contract and the contract is not terminated or the contractor is not requested, the contractor shall be entitled to the interest of late payment of the amounts or economic values to which the contraaing is required, in accordance with Article 216.

Article 285. Failure of the contractor.

If the contractor's failure to comply is a serious disturbance and cannot be repaired by other means in the public service, and the Administration does not decide the termination of the contract, it may agree to intervene until the termination of the contract. In any event, the contractor must pay the Administration the damages that he has effectively irrogated.

Section 5. First Public Service Management Contract Resolution

Article 286. Causes of resolution.

These are causes for the resolution of the public service management contract, in addition to those referred to in Article 223, with the exception of those referred to in points (d) and (e), the following:

(a) The delay of more than six months by the Administration in the delivery to the contractor of the consideration or auxiliary means to which the contract was made.

b) Rescue of the service by the Administration.

c) The deletion of the service for reasons of public interest.

(d) The impossibility of operating the service as a result of agreements adopted by the Administration after the contract.

Article 287. Application of the causes of resolution.

1. Where the cause of the decision is the death or inability of the contractor, the Administration may agree to the continuation of the contract with its heirs or successors, unless otherwise specified in the specific legislation of the service.

2. For reasons of public interest, the Administration may agree to rescue the service directly.

Article 288. Effects of the resolution.

1. In the case of a resolution, the Administration shall pay the contractor, in any case, the price of the works and installations which, executed by the contractor, must pass to the contractor, taking into account his condition and the time which will be restored for the reversion.

2. Irrespective of the provisions of Article 225, failure by the Administration or the contractor to comply with the obligations of the contract shall produce the effects which the specific provisions of the service may affect on these contracts.

3. In the case of Article 286 (a), the contractor shall be entitled to the payment of the interest on late payment provided for in the Law establishing measures to combat late payment in commercial transactions in respect of the amounts due or economic values agreed upon, on the expiry of the time limit laid down for their delivery, and on the damage suffered.

4. In the cases referred to in Article 286 (b), (c) and (d), without prejudice to the provisions of paragraph 1 of this Article, the Administration shall indemnify the contractor from the damages and damages, including any future profits that it ceases to receive, in the light of the results of the operation in the last five years and the loss of the value of the works and facilities that they do not have to revert to that, taking into account their degree of depreciation.

Section 6. Subcontracting the public service management contract

Article 289. Subcontracting.

In the contract for the management of public services, subcontracting may only be subject to ancillary services.

CHAPTER IV

Provisioning Contract

Section 1. Regulation of certain supply contracts

Article 290. Lease.

1. In the lease, the landlord or employer shall, during the term of the contract, assume the obligation to maintain the object of the contract. The quantities which, where appropriate, the administration must satisfy in respect of the maintenance fee shall be fixed separately from the lease price.

2. In the lease agreement, the tacit extension shall not be accepted and the express extension shall not extend to a period exceeding half of the contract immediately preceding it.

Article 291. Contracts for the manufacture and application of rules and uses in force in international trade.

1. A contract of manufacture, as referred to in Article 9 (3) (c), shall be directly applicable to the general and special rules of the contract of works which the contracting authority determines in the relevant specifications of particular administrative clauses, except those relating to its advertising which shall in any event be accommodated in the supply contract.

2. Contracts to be concluded with foreign companies, when their object is manufactured or made from outside the national territory and those of supply which, with these companies, the Ministry of Defense holds and which must be executed outside the national territory, shall be governed by this Law, without prejudice to what is necessary between the parties in accordance with the rules and practices in force in international trade.

Section 2. Delivery Contract Execution

Article 292. Delivery and reception.

1. The contractor shall be obliged to supply the goods which are the subject of supply in the time and place laid down in the contract and in accordance with the technical requirements and administrative provisions.

2. Whatever the type of supply, the successful tenderer shall not be entitled to compensation for loss, damage or damage caused to the goods before delivery to the Administration, unless he or she is in arrears when they receive them.

3. Where the formal act of the receipt of the goods, in accordance with the conditions of the contract, is after its delivery, the Administration shall be responsible for the custody of the goods during the time that it mediates between one and the other.

4. Once received in accordance with the Administration goods or perishable products, it will be responsible for its management, use or expiration, without prejudice to the responsibility of the supplier for the vices or hidden defects of the same.

Article 293. Payment of the price.

The successful tenderer shall be entitled to the payment of the price of the supplies actually delivered and formally received by the Administration in accordance with the conditions laid down in the contract.

Article 294. Payment in cash and other goods.

1. Where duly justified technical or economic reasons in the file give advice, it may be laid down in the specification of special administrative clauses that the payment of the total price of the goods to be supplied consists of part of the money and part of the delivery of other goods of the same class, without, in any event, the amount of the goods being able to exceed 50 per 100 of the total price. For these purposes, the corresponding expenditure commitment shall be limited to the amount that, of the total price of the contract, is not satisfied by the supply of goods to the contractor, without application of the provisions of article 27.4 of Law 47/2003, of November 26, General Budget, in Article 165 (3) of the Law of Local Government of the Local Government, approved by Royal Legislative Decree of March 5, or in analogous regulations contained in the budgetary rules of the various public administrations subject to this Law.

2. The delivery of the goods by the Administration shall be agreed by the contracting authority, by the same procedure as is followed for the award of the contract of supply, involving such an agreement in itself the reduction in the inventory and, where appropriate, the disaffection of the goods in question.

3. In this case, the amount of the total price of the supply corresponding to the goods delivered by the Administration shall be an economic element for the award of the contract and must be expressly entered by the businessmen in their tenders.

4. The content of this Article shall apply to the service contracts for the management of information systems, telecommunications services and maintenance contracts for such systems, supplies of equipment and terminals and necessary adaptations such as wiring, channelings and other similar ones, provided that they are associated with the provision of these services and are contracted jointly with them, on the understanding that the goods to be delivered, where appropriate, by the Administration must be computer and telecommunications goods and equipment.

Article 295. Powers of the Administration in the manufacturing process.

The Administration has the power to inspect and to be informed of the process of manufacture or manufacture of the product to be delivered as a result of the contract, being able to order or to perform by itself analysis, tests and tests of the materials to be used, to establish systems of quality control and to dictate how many provisions it deems appropriate for the strict compliance of the agreed.

Section 3 Supply Contract Modification

Article 296. Modification of the supply contract.

When, as a result of the modifications to the contract of supply agreed in accordance with Article 219 and Title V of book I, there is an increase, reduction or elimination of the units of goods that integrate the supply or the replacement of some goods by others, provided that the same are included in the contract, these modifications shall be obligatory for the contractor, without having any right in the event of deletion or reduction of units or classes of goods to claim compensation for such causes.

Section 4. Delivery Contract Compliance

Article 297. Delivery and reception costs.

1. Unless otherwise agreed, the costs of the delivery and transport of the goods subject to the agreed place shall be taken into account by the contractor.

2. If the goods are not in a state of receipt, they shall be recorded in the minutes of receipt and the precise instructions shall be given to the contractor to remedy the defects observed or to proceed to a new supply in accordance with the agreed terms.

Article 298. Defects or defects during the warranty period.

1. If during the period of the guarantee the existence of defects or defects in the goods supplied is established, the Administration shall be entitled to claim to the contractor the replacement of those that are inadequate or the repair of the goods if it were sufficient.

2. During this period of guarantee, the contractor shall be entitled to know and be heard about the application of the goods supplied.

3. If the contracting authority considers, during the period of guarantee, that the goods supplied are not fit for the intended purpose, as a result of the defects or defects observed in them and imputable to the contractor and there is a presumption that the replacement or repair of such goods shall not be sufficient to achieve that purpose, it may, before the expiry of that period, reject the goods leaving them to the contractor's account and be exempt from the obligation to pay or, where appropriate, the recovery of the price paid.

4. After the period of the guarantee has expired without the Administration having formalized any of the objections or the complaint referred to in paragraphs 1 and 3 of this article, the contractor shall be exempt from liability for the goods supplied.

Section 5 Supply Contract Resolution

Article 299. Causes of resolution.

They are causes of supply contract resolution, in addition to those mentioned in Article 223, the following:

(a) The suspension, for reasons attributable to the Administration, of the initiation of the supply for a period exceeding six months from the date specified in the contract for delivery, unless another minor is specified in the contract.

(b) The withdrawal or suspension of the supply for a period exceeding the year agreed by the Administration, unless another minor is specified in the contract.

Article 300. Effects of the resolution.

1. The termination of the contract shall give rise to the reciprocal return of the goods and the amount of the payments made, and, where it is not possible or suitable for the Administration, the price of the goods actually delivered and received shall be paid.

2. In the case of suspension of the initiation of the supply for more than six months, the contractor shall be entitled to receive compensation of 3 per 100 of the price of the award.

3. In the case of withdrawal or suspension of the supply for more than one year by the Administration, the contractor shall be entitled to 6 per 100 of the price of the deliveries left to be made for industrial profit.

CHAPTER V

Service Contracts

Section 1. General Provisions

Article 301. Content and limits.

1. Services involving the exercise of the authority inherent in the public authorities may not be the subject of such contracts.

2. Unless otherwise specified in the documents of administrative clauses or in the contract document, service contracts which are intended to develop and make products protected by an intellectual or industrial property right shall be transferred to the Contracting Administration. In any event, and even if the transfer of intellectual property rights is excluded, the contracting authority may always authorise the use of the relevant product to the entities, bodies and entities belonging to the public sector referred to in Article 3.1.

3. Service contracts concluded by the Ministry of Defense with foreign companies and which are to be executed outside the national territory shall be governed by this Law, without prejudice to what is appropriate between the parties in accordance with the rules and practices in force in international trade.

4. For the purposes of the termination of service contracts, the consolidation of persons who have carried out the work subject to the contract as staff of the contracting public sector entity, body or entity shall in no case be the case.

Article 302. Price determination.

The system of determining the price of service contracts, which may be referred to as components of the provision, units of execution or units of time, or fixed at a flat rate where it is not possible or appropriate to decompose, or result from the application of fees for tariffs or a combination of several of these modalities, shall be established in the contract documents.

Article 303. Duration.

1. Service contracts may not be longer than four years with the conditions and limits laid down in the respective budgetary rules of the general government, but may be provided for in the same contract by mutual agreement of the parties before the end of the contract, provided that the total duration of the contract, including any period of grace, does not exceed six years, and that any period of grace shall not exceed, in isolation or jointly, the time limit set. The conclusion of service contracts of a duration higher than that indicated may exceptionally be authorized by the Council of Ministers or by the competent regional authority in a singular manner, for certain contracts, or in a generic manner, for certain categories.

2. By way of derogation from the foregoing, the contracts covered by this Title which are complementary to works or supply contracts may have a longer term of validity which, in no case, shall exceed the duration of the main contract, except in contracts comprising works related to the liquidation of the main contract, the final period of which shall exceed that of the main contract within the time required to carry them out. The initiation of the supplementary contract referred to in this paragraph shall be suspended, unless justified by reason of its object and content, until the execution of the relevant works contract begins.

Only the concept of complementary contracts shall be those whose object is deemed necessary for the proper performance of the benefit or benefits covered by the main contract.

3. Contracts for the legal and judicial defense of the Administration will have the precise duration to adequately address their needs.

4. Service contracts which are intended to assist the management of the work or the integrated management of projects shall have a duration equal to that of the works contract to which the estimated time limit for the liquidation of the works is linked.

Article 304. Recruitment scheme for teaching activities.

1. In the case of contracts covered by this Title, which aim at the provision of teaching activities in public sector centres developed in the form of courses of training or further training of staff in the service of the Administration or in the case of seminars, colloquia, round tables, conferences, collaborations or any other similar type of activity, provided that such activities are carried out by natural persons, the provisions of this Law shall not apply to the preparation and award of the contract.

2. In this class of contracts, the partial advance payment may be established, subject to the establishment of a guarantee by the contractor, without the possibility of granting it.

3. In order to prove the existence of the contracts referred to in this Article, the designation or appointment by competent authority shall be sufficient.

Section 2. Running Service Contracts

Article 305. Execution and responsibility of the contractor.

1. The contract shall be executed subject to the provisions of its clause and in the documents, and in accordance with the instructions to be given to the contractor by the contracting authority.

2. The contractor shall be responsible for the technical quality of the work he develops and for the performance and services carried out, as well as for the consequences for the Administration or for third parties of the omissions, errors, inappropriate methods or incorrect conclusions in the performance of the contract.

Section 3. Modification of maintenance service contracts

Article 306. Amendment of these contracts.

When, as a result of modifications to the contract of maintenance services agreed in accordance with Article 219 and Title V of book I, there is an increase, reduction or deletion of equipment to maintain or replace some equipment by others, provided that the same are contained in the contract, these modifications will be mandatory for the contractor, without any right, in case of deletion or reduction of units or classes of equipment, to claim compensation for such causes.

Section 4. Service Contract Compliance

Article 307. Compliance with the contracts.

1. The Administration shall determine whether the performance performed by the contractor is in accordance with the requirements laid down for its performance and compliance, requiring, where appropriate, the performance of the contracted benefits and the remedy of the defects observed on the occasion of its receipt. If the work carried out does not conform to the contracted benefit, as a result of defects or defects attributable to the contractor, the contractor may refuse the contract, either being exempt from the obligation to pay or having the right, where appropriate, to the recovery of the price paid.

2. If the existence of defects or defects in the work carried out by the contracting authority is established during the guarantee period, the contracting authority shall be entitled to claim the contractor's remedy.

3. After the period of the guarantee has been completed without the Administration having formalised any of the objections or the complaint referred to in the preceding paragraphs, the contractor shall be exempt from liability on account of the performance effected, without prejudice to the provisions of Articles 310, 311 and 312 relating to errors and liability in respect of contracts which are intended to produce works projects.

4. The contractor shall have the right to know and be heard about the observations made in connection with the performance of the contracted benefit.

Section 5. Resolution of service contracts

Article 308. Causes of resolution.

They are causes for the resolution of service contracts, in addition to those mentioned in Article 223, the following:

(a) The suspension for cause attributable to the Administration of the initiation of the contract for more than six months from the date indicated therein for the commencement of the contract, unless another minor is specified in the contract.

(b) The withdrawal or suspension of the contract for longer than one year agreed by the Administration, unless another minor is specified in the contract.

(c) The supplementary contracts referred to in Article 303.2 shall in any event be resolved when the main contract is settled.

Article 309. Effects of the resolution.

1. The contract resolution shall entitle the contractor, in any event, to receive the price of the studies, reports, projects, works or services that he had actually carried out under the contract and which had been received by the Administration.

2. In the case of suspension of the initiation of the contract for a period of more than six months, the contractor shall be entitled only to receive compensation of 5 per 100 of the price of the contract.

3. In the case of point (b) of the preceding article, the contractor shall be entitled to 10 per 100 of the price of the studies, reports, projects or work to be carried out for the benefit of the contractor.

Section 6. Of the Underhealing of Errors and Responsibilities in the Works Project Development Contract

Article 310. Error correction and correction of deficiencies.

1. Where the contract of services consists in the full elaboration of a work project, the contracting authority shall require the subhealing of the defects, technical inadequacies, material errors, omissions and breaches of legal or regulatory precepts that are imputable to the contractor, giving the effect the corresponding period of time which may not exceed two months.

2. If the deficiencies have not been corrected, the Administration may, in accordance with the circumstances of the case, opt for the termination of the contract or for granting a new period to the contractor.

3. In the first case, the guarantee shall be seized and the contractor shall incur the obligation to pay the administration an allowance equal to 25 per 100 of the contract price.

4. In the second case, the new time limit granted to remedy the uncorrected deficiencies will be one month unextended, the contractor incurring a penalty equal to 25 per 100 of the price of the contract.

5. If a new non-compliance occurs, the contract will be terminated with an obligation on the part of the contractor to pay the Administration compensation equal to the price agreed with the loss of the guarantee.

6. Where the contractor, at any time before the award of the last term, gives up the project, he shall pay the administration an allowance equal to half the price of the contract at the loss of the security.

Article 311. Compensation.

1. In cases where the budget for the execution of the work provided for in the project is to be diverted by more than 20 per 100, either by excess or by default, from the actual cost of the project as a result of errors or omissions attributable to the consultant contractor, the Administration may, in the specification of particular administrative clauses, establish a system of compensation consisting of a minorage of the contract for the drawing up of the project, depending on the percentage of deviation, up to a maximum of half of that.

2. The compensation scale shall be as follows:

(a) If the deviation is more than 20 per 100 and less than 30 per 100, the corresponding compensation shall be 30 per 100 of the price of the contract.

(b) If the deviation is more than 30 per 100 and less than 40 per 100, the corresponding compensation shall be 40 per 100 of the price of the contract.

(c) If the deviation is more than 40 per 100, the corresponding compensation shall be 50 per 100 of the price of the contract.

3. The contractor shall pay the amount of such compensation within one month of the notification of the relevant decision, which shall be adopted after the processing of the file with the person concerned.

Article 312. Liability for defects or errors in the project.

1. Regardless of the provisions of the foregoing articles, the contractor shall be liable for damages that, during the execution or exploitation of the works, are caused to the Administration as well as to third parties, due to defects and technical inadequacies of the project or to the material errors, omissions and violations of legal or regulatory precepts in which it has incurred, imputable to that.

2. The compensation for the liability payable to the contractor shall be 50 per 100 of the amount of damages caused, up to a maximum limit of five times the price agreed upon by the project and shall be payable within the term of ten years, counted from the receipt of the same by the Administration, being in charge of the latter, where applicable, the remainder of such compensation when it must be satisfied to third parties.

CHAPTER VI

Public Sector and Private Sector Collaboration Contracts

Article 313. Legal regime.

Collaboration contracts between the public sector and the private sector shall be governed by the general rules contained in Title I of this Book and by the special rules corresponding to the typical contract, the object of which corresponds to the principal benefit of the latter, identified in accordance with the provisions of Article 136.a), in so far as they do not object to its nature, functionality and peculiar content in accordance with Article 11.

These rules will delimit the duties and rights of the parties and the prerogatives of the Administration.

Article 314. Duration.

The duration of collaboration contracts between the public sector and the private sector may not exceed 20 years. However, where, by reason of the principal benefit which constitutes his or her object and configuration, the applicable arrangements are the same as the contracts for the award of public works, the provisions of Article 268 shall be applied to the duration of the contracts.

Article 315. Financing ..

1. The financing of private partners in contracts for collaboration between the public sector and the private sector, in cases where the purpose of the object is to grant public works, will be carried out under the terms and conditions laid down for the latter contract.

2. The regulation of the financing of successful contracts for collaboration between the public sector and the private sector in the cases not provided for in the previous paragraph shall be governed by the following rules:

(a) Where the remuneration scheme of the contractor is determined, with the scope provided for in Article 136 (d), (e) and (f) of this Law, provision may be made for guarantees which, in accordance with the provisions of the rules governing the private financing of public works concessions, may be obtained by the contractor for the purpose of obtaining the financing necessary for the performance of the contract.

(b) The contract shall provide for a system of notification by the contractor of the financial operations which it provides for the financing of the contract.

In the event of the termination of the contract, the contracting authority shall, before agreeing to the contract, give an audience to the creditors in case they offer subrogation in the performance of the contract, either directly or through a participating entity, under conditions which are considered to be compatible with their good purpose, provided that they meet the requirements of the successful tenderer.

(c) Where the performance of the contract has incurred initial investment costs and it is expected that the works or equipment to be generated will be incorporated into the assets of the contracting entity upon the conclusion or settlement of the contract, it may be established that, where the contract is settled, the contracting entity may make available to the creditors an amount not exceeding 80% of the actual cost of the actual investments actually executed by bringing this amount of the contract settlement.

BOOK V

Administrative Organization for Management of Hiring

TITLE I

Competent bodies in the field of procurement

CHAPTER I

Contracting Organs

Article 316. Contracting authorities.

1. The Ministers and the Secretaries of State are the contracting authorities of the General Administration of the State and are therefore empowered to conclude on their behalf contracts in the field of their competence.

In the ministerial departments where several contracting authorities exist, the competence to conclude supply and service contracts affecting the area of more than one of them shall be the responsibility of the Minister, except in cases where the Minister is assigned to the Board of Contracting.

2. The Presidents or Directors of the autonomous agencies, State Agencies, public entities and other State public entities and the Directors-General of the different management entities and common services of the Social Security, are the contracting authorities of each other, in the absence of specific provision on the particular, collected in the corresponding rules of creation or regulatory of the functioning of those entities.

3. The Director-General of the State Heritage is the contracting authority of the state system of centralised procurement as regulated in Articles 206 and 207.

4. In the ministerial departments and in the autonomous agencies, State Agencies, business public entities and other State public law entities, as well as in the management entities and common services of Social Security, they may constitute Contracting Boards, which shall act as contracting authorities, with the quantitative limits or concerning the characteristics of contracts to be determined by the head of the department, in the following contracts:

(a) Contracts of works covered by Article 122 (1) (b) and (c), unless they have been declared as centralised procurement.

(b) Supply contracts which relate to consumable goods or to easy deterioration in the use of goods, except those relating to goods declared for centralised acquisition.

c) Contracts for undeclared services of centralised procurement.

(d) Supply and service contracts, other than those attributed to the competence of the Board in accordance with the two preceding letters affecting more than one contracting authority, with the exception of those for the purpose of centralised procurement.

The composition of the Contracting Boards shall be determined in a regulated manner, with an official who has the legal or legal advice of the contracting authority and an financial controller to be included among his/her vowels.

5. Exceptionally, where the contract is of interest to a number of ministerial departments and, for reasons of economy and efficiency, the processing of the file is to be carried out by a single contracting authority, the other departments concerned may contribute to their financing, in terms that are laid down in regulation and with respect to the budgetary rules, in the form determined by agreements or protocols for action.

6. The capacity to hire legal representatives of the companies and foundations of the state public sector shall be governed by the provisions of the statutes of these entities and by the rules of private law that are in each case of application.

Article 317. Authorization to hire.

1. The contracting authorities of the ministerial departments, autonomous bodies, State agencies and public law entities, as well as those of the managing bodies and the common services of social security, will need the authorisation of the Council of Ministers to conclude contracts in the following cases:

(a) Where the estimated value of the contract, calculated in accordance with Article 88, is equal to or greater than 12 million euro.

(b) In contracts of a multi-annual nature, where the percentages or the number of legally provided annuities referred to in Article 47 of Law 47/2003 of 26 November are amended.

(c) When the payment of the contracts is made through the leasing system or through the leasing system with an option to purchase and the number of annuities exceeds four years.

2. The authorization of the Council of Ministers referred to in the preceding paragraph shall be obtained before the approval of the dossier. The approval of the file and the approval of the expenditure shall correspond to the contracting authority.

3. The Council of Ministers may discretionally claim the knowledge and authorization of any other contract. The contracting authority may also, through the relevant Minister, raise a contract not covered by paragraph 1 to the consideration of the Council of Ministers.

4. Where the Council of Ministers authorises the conclusion of the contract, it shall also authorise its amendment, where it is the cause of the decision, and the resolution itself, where appropriate.

5. The holders of the ministerial departments to which the autonomous bodies are attached, public entities and the managing bodies and the common services of social security may fix the amount from which their authorization for the conclusion of the contracts will be necessary.

6. In the field of the State Public Sector, before authorizing a contract of collaboration between the public sector and the private sector, as well as a contract for the concession of public works, the estimated value of which is equal to or greater than 12 million euros, a report of the Ministry of Economy and Finance will be mandatory and binding, which will give a statement on the budgetary implications and financial commitments that it entails, as well as on its impact on the fulfilment of the objective of budgetary stability, as established in the recast of the General Law of Stability Budget, approved by Royal Legislative Decree 2/2007 of 28 December.

To this end, the contracting authority shall provide complete information on the financial and budgetary aspects of the contract, including the financing arrangements and guarantees to be used, for the duration of the contract, as well as, where appropriate, the prior assessment document referred to in Article 134 of this Law.

In these contracts, prior to the approval of the procurement file or the modification thereof, it will also be necessary to obtain the report of the Ministry of Economy and Finance when, regardless of the amount of the contract, any form of State aid or contribution, or the granting of loans or advances, is provided for in its financing.

Article 318. Deconcentration.

1. The procurement powers may be deconcentrated by Royal Decree agreed upon in the Council of Ministers, in any other body, whether or not they are dependent on the contracting authority.

2. In the Management Entities and the Common Services of Social Security, the competences in terms of hiring of its Directors may be disconcentrated in the form and with the requirements established in the General Law of Social Security, Recast Text approved by Royal Legislative Decree 1/1994, of June 20.

Article 319. Abstention and recusal.

The authorities and the staff at the service of the Public Administrations who intervene in the procurement procedures shall abstain or may be challenged in the cases and in the manner provided for in Articles 28 and 29 of Law 30/1992 of 26 November.

CHAPTER II

Organs of assistance

Article 320. Hiring tables.

1. Except in the case where the competence to hire corresponds to a Contracting Board, in the open and restricted procedures and in the procedures negotiated with publicity referred to in Article 177.1, the contracting authorities of the Public Administrations shall be assisted by a Bureau of Procurement, which shall be the body responsible for the valuation of the tenders. In negotiated procedures where no notice of invitation to tender is necessary, the establishment of the Bureau shall be of the powers of the contracting authority.

2. The Bureau shall be composed of a President, the members to be determined on a regulated basis, and a Registrar.

3. The members of the Bureau shall be appointed by the contracting authority.

The Secretary must be appointed among officials or, failing that, other staff dependent on the contracting authority, and among the vowels must necessarily include an official from among those who have legally or legally assigned the legal advice of the contracting authority and an financial controller, or, in the absence of such, a person in the service of the contracting authority that has assigned the functions corresponding to its legal advice, and another that has attributed the relative to its economic and budgetary control.

Article 321. Special table for competitive dialogue.

1. In order to assist the contracting authority in the procedures for competitive dialogue to be followed by the State Public Administrations, a Bureau shall be set up with the composition referred to in paragraph 2 of the previous Article, which shall include persons specially qualified in the field on which the dialogue is to be viewed, designated by the contracting authority. The number of such persons shall be equal to or greater than one third of the members of the Bureau and shall participate in the deliberations with a voice and vote.

2. In the case of cases which are dealt with for the conclusion of contracts for cooperation between the public sector and the private sector, the preparation of the ex-ante evaluation document referred to in Article 134 shall be the responsibility of the Special Bureau for the competitive dialogue.

Article 322. Table of recruitment of the state centralised procurement system.

In its functions as the contracting authority of the state system of centralized contracting, the Director General of the State Heritage will be assisted by an interdepartmental contracting bureau, whose composition will be determined regulatively.

Article 323. Jury of competitions.

1. In the design contests, the recruitment bureau shall be set up in the jury of the design contests, incorporating up to five personalities of notorious competence in the relevant field, appointed by the contracting authority, who can contribute in a special way to evaluate the proposals presented, and who will participate in the deliberations with voice and vote.

2. The members of the Jury must be independent natural persons of the participants in the contest. Where candidates are required to possess a certain qualification or experience, at least one third of the members of the Jury must be in possession of the same or other equivalent.

CHAPTER III

Consultative bodies

Article 324. Advisory Board of Administrative Contracting of the State.

1. The Advisory Board of Administrative Contracting of the State is the specific advisory body of the General Administration of the State, its autonomous agencies, agencies and other public entities in the field of administrative procurement. The Advisory Board of Administrative Contracting of the State shall be attached to the Ministry of Economy and Finance, and its composition and legal status shall be established in a regulated manner.

2. The Advisory Board of Administrative Contracting of the State may promote the adoption of the general rules or measures that it considers to be necessary for the improvement of the contracting system in its administrative, technical and economic aspects.

3. The Board may directly present to the contracting authorities or make a general statement of the relevant recommendations, if the studies on administrative procurement or on a particular contract lead to conclusions of interest to the Administration.

Article 325. Advisory bodies on the recruitment of the Autonomous Communities.

The contracting advisory bodies created by the Autonomous Communities will exercise their competence in their respective territorial scope, in relation to the contracting of the autonomous administrations, the agencies and entities that are dependent or linked to them, and, if so, to establish themselves in their regulatory norms, of the local entities included in it, without prejudice to the powers of the Advisory Board of Administrative Contracting of the State.

TITLE II

Official Records

CHAPTER I

Official Records of Tenders and Classified Companies

Article 326. Official Registration of Tenderers And Classified Enterprises of the State.

1. The Official Registry of the State's Classified Bidders and Companies will depend on the Ministry of Economy and Finance, and its conduct will be the responsibility of the technical support bodies of the Advisory Board of Administrative Contracting of the State.

2. The Official Register of Senders and Sized Enterprises of the State shall contain data relating to the capacity of the business owners who have been classified by the Advisory Board of Administrative Contracting of the State, as well as those who have applied for the registration of any of the data referred to in Article 328 (1) (a) to (d).

Article 327. Official records of tenderers and classified enterprises of the Autonomous Communities.

The Autonomous Communities may create their own Official Records of tenderers and classified enterprises, in which the conditions of aptitude of the businessmen who so request will be entered, that have been classified by them, or that have incurred any prohibition of hiring whose declaration corresponds to the same or to the local Entities included in their territorial scope.

Article 328. Content of the Register.

1. The following data may be entered in the Register for each undertaking entered in the Register:

(a) The corresponding to his 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 relating to professional authorizations or ratings and to the other requirements that are necessary to act in their sector of activity.

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

e) The classification obtained in accordance with the provisions of Articles 65 to 71, as well as how many incidents occur during its validity; in this inscription, and as a disaggregated element of the classification, the economic and financial solvency of the employer shall be indicated.

f) Bans of hiring that affect them.

g) Other data of interest for public procurement to be determined on a regulatory basis.

2. In any event, the prohibitions on hiring referred to in Article 61 (4) shall be entered in the Register.

Article 329. Voluntary registration.

1. Without prejudice to the need to register the classification obtained and the prohibitions to contract referred to in Article 61.4, the registration in the Official Records of Tenders and Classified Enterprises is voluntary for the entrepreneurs, who may determine which data from among those mentioned in the previous article would like to be reflected in them.

2. However, the entry of the classification obtained by the employer shall require the recording of the circumstances referred to in points (a) and (c) of paragraph 1 of the previous Article. Similarly, the entry of the data referred to in points (b), (c) and (d) of the same paragraph shall not be made without the fact that they affect the personality and the ability to act of the employer.

Article 330. Responsibility of the employer in relation to the updating of the registration information.

The registered entrepreneurs are obliged to make known to the Registry any variation that occurs in the data reflected therein, as well as the supervenience of any circumstance that determines the concurrency of a prohibition to hire. The failure to act on this communication, by means of fault or negligence, shall make the employer liable in the circumstances provided for in Article 60 (1) (e).

Article 331. Advertising.

The Registry shall be public for all who have a legitimate interest in knowing their content. Access to it shall be governed by the provisions of Article 37 of Law No 30/1992 of 26 November 1992 and in the rules which develop or supplement this provision.

Article 332. Collaboration between Registers.

The Official Registry of Tenderers And Classified Enterprises of the State and the Official Records of Classified Companies of the Autonomous Communities, in the development of their activity and in their reciprocal relations, shall provide the other Administrations with the information they need on the contents of the respective Registers.

CHAPTER II

Public Sector Contract Registration

Article 333. Registration of Public Sector Contracts.

1. The Ministry of Economy and Finance will create and maintain a Registry of Contracts, in which the basic data of the contracts awarded by the different public administrations and other public sector entities subject to this Law will be entered.

2. The Register of Public Sector Contracts constitutes the official central system of information on public procurement in Spain and, as such, the support for the knowledge, analysis and investigation of public procurement, for the statistics on public contracts, for the fulfilment of the international obligations of Spain in matters of information on public procurement, for the communications of the data on contracts to other bodies of the Administration that are legally foreseen and, in general, for the public dissemination of such information, compliance with the principle of transparency.

The Registry shall constitute the instrument of public authorities for the continuous review and improvement of the procedures and practices of public procurement, the analysis of the quality, reliability and efficiency of its suppliers, and the oversight of competition and transparency in public markets.

3. The contracting authorities of all public administrations and other entities within the scope of this Law shall communicate to the Registry of Public Sector Contracts, for their registration, the basic data of the contracts awarded, as well as, where appropriate, their modifications, extensions, variations of periods or price, their final amount and extinction. The content of such communications and the time limit for carrying them out shall be laid down in regulation.

4. The communications of data from contracts to the Registry of Public Sector Contracts shall be made by electronic, computer or telematic means, in the form determined by the Minister of Economy and Finance in accordance with the Autonomous Communities.

5. The Registry of Public Sector Contracts shall facilitate access to their data in a telematic manner to the organs of the Administration that require them for the exercise of their legally assigned powers, and in particular to the competent bodies in matters of taxation of expenditure or inspection of taxes, in the manner in which it is regulated.

Likewise, and with the limitations imposed by the rules on the protection of personal data, it will facilitate public access to data that does not have the character of confidential information and that has not previously been published in a telematic way and through the Internet.

6. In the case of public administrations which have similar contract records in their field of competence, the data communication referred to in paragraph 3 may be replaced by communications between the respective Contract Records. The Ministry of Economy and Finance will determine the specifications and requirements for the synchronization of data between the Public Sector Contract Registry and the other Contract Records.

7. In order to ensure the unique and precise identification of each contract, the administrations and communicating entities shall assign each of them an identifier code, which shall be unique in their field of competence. The Ministry of Economy and Finance will determine the rules for allocating these unique identifiers that are necessary to ensure the unique identification of each contract within the Public Sector Contract Registry, as well as for its coordination with the other Contract Records.

8. The Government will annually raise a report on public procurement in Spain, based on the data and analysis provided by the Public Sector Contract Registry.

TITLE III

Managing contractual advertising by electronic, computer and telematics media

ONLY CHAPTER

State Contracting Platform

Article 334. Platform of Contracting of the State.

1. The Advisory Board of Administrative Contracting of the State, through its technical support bodies, shall make available to all contracting authorities in the public sector an electronic platform that allows advertising through the Internet to the calls for tenders and their results and to how much information they consider relevant to the contracts they conclude, as well as to provide other complementary services associated with the processing of this data. In any case, the contractor profiles of the contracting authorities of the state public sector should be integrated into this platform, managed and disseminated exclusively through the platform. The electronic headquarters of these bodies will include a link to their profile of the contractor located in the State Contracting Platform.

2. The platform must be equipped with a device which enables the public to be able to establish the public dissemination of the information contained therein.

3. The publication of notices and other information relating to contracts on the platform shall have the effects provided for in the Act.

4. The access of the stakeholders to the procurement platform will be carried out through a single portal. The modalities of connection of the Contracting Platform with the portal of the "Official State Gazette" will be defined.

5. The Contracting Platform of the State shall be interconnected with similar information services that articulate the Autonomous Communities and the local entities in the manner determined by the agreements to be concluded.

Additional disposition first. Hiring abroad.

1. Contracts that are formalized and executed abroad, without prejudice to the principles of this Law to resolve the doubts and gaps that may arise in their application, shall be governed by the following rules:

(a) In the General Administration of the State, the formalization of these contracts shall be the responsibility of the Minister of Foreign Affairs and Cooperation, who shall exercise it through diplomatic or consular representations and may delegate it to other organs, officials or individuals. However, in the field of the Ministry of Defense, the formalization of the same will correspond to the holder of this Department, who will be able to delegate this competence and, in the case of contracts necessary for the fulfillment of peace missions in which the Spanish Forces and Security Corps participate, their formalization will correspond to the Minister of the Interior.

In the Autonomous Bodies, the Management Entities and the Common Services of Social Security, the formalization of these contracts corresponds to their legal representatives or to the persons in whom they delegate.

In the other bodies and entities subject to this Law, the formalization of contracts will be the responsibility of their legal representatives.

Articles 316 to 319 shall apply in respect of the processing, authorization in their case, the award, modification and resolution of these contracts.

(b) Without prejudice to the capacity requirements which may be required by the laws of the State in which the contract is concluded, for undertakings of the Member States of the European Community the provisions of this Law shall apply.

(c) The specification of particular administrative clauses may be replaced by the contract clause itself.

(d) Without prejudice to the provisions of minor contracts, contracts may be awarded by negotiated procedure, and at least three offers of undertakings capable of fulfilling the contracts shall be obtained, where possible.

(e) The formalisation shall be carried out by means of a feisty document, referring the details of these contracts to the Ministry of Economy and Finance for the purposes set out in Article 333, without prejudice to the obligation to refer to the Court of Auditors referred to in Article 29. As regards the minor contracts, the provisions of this Law will be as general as possible.

(f) The successful tenderer may be required to provide guarantees similar to those provided for in this Law in order to ensure the performance of the contract, provided that this is possible and appropriate to the conditions of the State in which the contract is made and, failing that, those which are customary and authorised in that State or which are in conformity with international commercial practices. The guarantees shall be provided in the relevant Diplomatic or Consular Representation.

g) The payment of the price shall be conditional upon delivery by the contractor of the agreed benefit, unless the right or customs of the State is opposed, in which case a guarantee covering the advance, provided in the form provided for in point (f), shall be required. Exceptionally, by reasoned decision of the contracting authority, and where circumstances so impose, it may be exempted from the provision of this guarantee, provided that this is in accordance with international commercial practices.

(h) In these contracts, it shall be sought to include stipulations intended to preserve the interests of the Administration in the face of possible breaches of the contractor and to authorize the modifications of the contract that may be appropriate.

(i) A different price review regime may be established in the contract documentation by the contracting authority in accordance with the law of the country in which the contract is to be executed and its socio-economic circumstances. In any event, the price review regime to be established shall be based on objective parameters and, if possible, public or, at least, easily measurable, and may be used for these purposes as calculated by International Bodies.

2. In contracts with Spanish companies, submission clauses will be included in the Spanish courts.

3. In contracts with foreign companies, the incorporation of clauses to resolve any discrepancies that may arise through simple arbitration formulas will be sought when circumstances advise. It will also be sought to include submission clauses to the Spanish Courts. Such contracts may be concluded subject to the authorization of the Council of Ministers or the competent body of the Autonomous Communities and local authorities.

4. The rules contained in this Article do not prevent the rules of this Law concerning Community advertising and the procedures for the award of contracts to be complied with in the contracts subject to harmonised regulation which are formalised and implemented in the other Member States of the European Union.

5. Contracts concluded abroad which must be fully or partially implemented in Spain and which are directly linked to the implementation of programmes or projects for cooperation in the field of culture or research or development cooperation, may be awarded by negotiated procedure without advertising and subject to the conditions freely agreed by the administration with the foreign contractor, where the intervention of the foreign contractor is absolutely essential for the implementation of the project or programme, and the conditions for participation in the projects must therefore be required. cooperation programmes or projects, and thus be credited to the dossier.

6. The contract documents and all the documentation necessary for the preparation, award and execution of the contracts must be written in Spanish, which, if necessary, must be translated from the local language that corresponds. However, documents drawn up in English or French, which shall have the corresponding effects, may be accepted by the contracting authority and under its responsibility. The acceptance of documents drawn up in other languages may be agreed singularly for each contract by the contracting authority by means of a reasoned decision and under its responsibility. In such cases, the Ministry of Foreign Affairs and Cooperation shall ensure the availability of the translation into Spanish of the documents written in foreign languages, for the purposes of the audit of the contract.

Additional provision second. Specific procurement rules for Local Entities.

1. The mayors and the Presidents of the local authorities are responsible as contracting authority in respect of works contracts, supply contracts, public service contracts, public service management contracts, special administrative contracts, and private contracts where their amount does not exceed 10 per 100 of the ordinary resources of the budget or, in any case, the amount of EUR 6 million, including those of a multi-annual nature where the duration is not more than four years, provided that the cumulative amount of all their annuities does not exceed the percentage indicated, referring to the ordinary resources of the budget for the first financial year, or the amount indicated.

It is also up to the mayors and the Presidents of the local authorities to award concessions on the assets of the same and the acquisition of real property and rights subject to the property law when their value does not exceed 10 per 100 of the ordinary resources of the budget, nor the amount of three million euros, as well as the disposal of the assets, when their value does not exceed the percentage or the amount indicated.

2. It is up to the plenary to act as a contracting authority in respect of contracts not mentioned in the previous paragraph of the local authority.

It is also up to the plenum to award concessions on the assets of the Corporation and the acquisition of real estate and rights subject to the patrimonial legislation as well as the disposal of the estate when they are not attributed to the Mayor or the President, and of the declared assets of historical or artistic value whatever their value.

3. In the municipalities of large population as referred to in Article 121 of Law 7/1985, of 2 April, Regulatory of the Bases of the Local Regime, the powers described in the preceding paragraphs shall be exercised by the Local Government Board, whatever the amount of the contract or the duration of the contract.

4. In the case of local authorities, the constitution of Contracting Boards which shall act as contracting authorities in the contracts of works of simple repair, maintenance and maintenance works, in supply contracts relating to consumable goods or easily impaired by use, and in service contracts where their amount does not exceed 10 per 100 of the ordinary resources of the Entity, or when they exceed this amount the shares are provided for in the budget of the financial year to which it corresponds and are carried out in accordance with the provisions of the the bases of implementation of this.

It is up to the plenary to agree to the constitution of the Contracting Boards and to determine its composition, and the Secretary or the head of the body that has the function of legal advice of the Corporation, and the Interventor of the same, must be part of the same. The quantitative limits, which may be lower than those referred to in the preceding paragraph, or those relating to the characteristics of the contracts in which the Board of Contracting shall be included as a contracting authority, shall be determined, in the local authorities of the common system, by the Plenary, on a proposal from the Mayor or the President, where they are, in accordance with paragraph 1, the body that has jurisdiction over such contracts, and by the Local Government Board in the municipalities of large population.

In the cases of action taken by the Contracting Boards, the intervention of the contracting authority will be dispensed with.

5. In municipalities with a population of less than 5,000 inhabitants, the contracting authority may be exercised by the bodies which, on the basis of the central contracting authorities, are in the form provided for in Article 204, by means of agreements to that effect.

Cooperation agreements may also be concluded under which the management of the procurement procedure is entrusted to the Provincial Diputations or the Autonomous Communities of a single-provincial nature.

6. In the municipalities of less than 5,000 inhabitants, the approval of the expenditure will be replaced by a certification of credit existence that will be issued by the Financial Secretary or, in his case by the Controller of the Corporation.

7. It is for the contracting authority to approve the file and to open the award procedure in the terms of Article 110.

The approval of the specification of particular administrative clauses shall be preceded by the reports of the Secretary or, where appropriate, of the holder of the body assigned the function of legal advice of the Corporation, and of the Financial Controller.

8. The reports that the Law assigns to the legal services will be evacuated by the Secretary or by the body that has attributed the function of legal advice of the Corporation.

The acts of audit are carried out by the Financial Controller of the local entity.

9. Where the procedure negotiated in cases of urgency referred to in point (e) of Article 170 applies, the relevant reports of the Registrar or, where appropriate, of the holder of the body assigned the role of legal advice of the Corporation, and of the Financial Controller, on the grounds of the cause of urgency, shall be incorporated into the file.

10. The Bureau of Procurement shall be chaired by a member of the Corporation or an official of the Corporation, and shall form part of it, as vowels, the Registrar or, as the case may be, the holder of the body assigned the function of legal advice, and the Financial Controller, as well as those who are appointed by the contracting authority among the career civil servants or the staff of the Corporation, or elected members of the Corporation, without their number, in total, being less than three. He will serve as Secretary an official of the Corporation.

In local municipal entities, the corresponding Provincial Diputations or Autonomous Communities may be integrated into the Personal Bureau.

11. In the municipalities of less than 5,000 inhabitants, in the works contracts whose execution period exceeds that of an annual budget, independent projects may be drawn up concerning each of the parts of the work, provided that they are susceptible to separate use in the sense of general use or service, or may be substantially defined, and precede the authorization granted by the Plenum of the Corporation, adopted with the favorable vote of the absolute legal majority of its members, authorization which may not be the subject of delegation.

12. The rules on the supervision of projects laid down in Article 125 shall apply to works contracts. Supervision may be carried out by the competent offices or units of the contracting entity itself or, in the case of municipalities without them, by those of the relevant Provincial Council.

13. In the case of contracts for the acquisition of immovable property, the amount of the acquisition may be deferred for up to four years, subject to the formalities laid down in the rules governing the local authorities for future expenditure commitments.

14. In order to determine the amount of contracts covered by this provision for the purposes of determining the jurisdiction of the various bodies, the amount of the value added tax shall be included in the same.

Additional provision third. Special rules on competition to acquire equipment and systems for the processing of information and communications.

Notwithstanding the provisions of Article 207.1, the competence to acquire equipment and systems for the processing of information and ancillary or ancillary elements which have not been declared as centralised procurement shall be the responsibility of the Minister of Defence and the contracting authorities of the managing entities and the common services of social security in the field of their respective competences.

Additional provision fourth. Contracting with companies that have in their workforce persons with disabilities or in situations of social exclusion and with non-profit entities.

1. The contracting authorities shall weigh in the cases where this is compulsory, that the tenderers comply with the provisions of Law No 13/1982 of 7 April 1982 on the social integration of the disabled, concerning the obligation to have two per cent of workers with disabilities or to take the appropriate alternative measures.

For this purpose and where appropriate, the specifications of particular administrative clauses may be incorporated in the clause relating to the documentation to be provided by the tenderers, the requirement for a certificate from the company to be provided on the basis of both the overall number of staff workers and the particular number of workers with disabilities in the same, or in the case of having opted for compliance with the alternative legally intended measures, a copy of the declaration of exceptionality and a declaration by the tenderer with the specific measures to that effect. applied.

2. The contracting authorities may point out in the specifications of particular administrative clauses the preference in the award of contracts for proposals submitted by those public or private undertakings which, at the time of crediting their technical solvency, have a number of workers with a disability higher than 2 per 100, provided that such proposals are equal to the most advantageous in terms of the criteria which serve as the basis for the award.

If a number of bidding companies from which they have drawn the most advantageous proposition credit for having a working relationship with persons with disabilities by a percentage higher than 2 per 100, the tenderer who has the highest percentage of fixed workers with disabilities in his staff will have a preference in the award of the contract.

3. The preference in the award of contracts may also be established, on equal terms with those which are economically most advantageous, for the proposals submitted by the insertion companies governed by Law 44/2007, of 13 December, for the regulation of the system of the insertion companies, which comply with the requirements laid down in that legislation in order to have this consideration.

4. In the same manner and conditions, such preference may be established in the award of contracts relating to benefits of a social or welfare nature for proposals submitted by non-profit entities, with legal personality, provided that their purpose or activity is directly related to the subject matter of the contract, according to their respective statutes or founding rules and are entered in the corresponding official register. In this case, the contracting authority may require these entities to present the breakdown of the breakdown of the price offered on the basis of their costs.

5. The contracting authorities may point out in the documents of particular administrative clauses the preference in the award of contracts which have as their object products in which there is an alternative of Fair Trade for the proposals submitted by those entities recognized as Fair Trade Organizations, provided that such proposals are equal in their terms to the most advantageous from the point of view of the criteria that serve as the basis for the award.

Additional provision fifth. Reserved contracts.

The participation in the procedures for the award of contracts to Special Employment Centres may be reserved, or may be reserved for them in the framework of protected employment programmes, where at least 70 per 100 of the workers concerned are persons with disabilities who, due to the nature or seriousness of their deficiencies, are unable to engage in a professional activity under normal conditions. Reference to this provision shall be made in the notice of invitation to tender.

Additional provision sixth. Provisions applicable to public universities.

1. For the purposes of Article 68 (2), for contracts awarded by the Public Universities which are dependent on the Autonomous Communities, the classification and classification arrangements adopted by the corresponding bodies of the Autonomous Community shall take effect.

2. The classification of public universities shall not be required to be awarded for contracts in the cases referred to in Article 83 (1) of the Organic Law 6/2001 of 21 December 2001.

Additional provision seventh. Exemption from requirements for Public Bodies of Research as regards contract awards.

1. The State Agencies, the Public Research Bodies and similar bodies of the Autonomous Communities shall not need to be classified or credit their economic and financial solvency and the technical solvency to be awarded to public sector contracts.

2. Such institutions shall also be exempt from providing guarantees in cases where they are enforceable.

Additional disposition octave. Contracts concluded in the water, energy, transport and postal services sectors.

1. The conclusion by the Public Administrations of contracts covered by Law 31/2007 of 30 October on procurement procedures in the water, energy, transport and postal services sectors will, in any case, be governed by this Law. However, and for the purposes of applying this Law to these contracts, only those contracts subject to harmonised regulation shall be regarded as those which, by reason of their nature, purpose, characteristics and value, are subject to the said Law 31/2007 of 30 October.

2. The conclusion by the entities, bodies and entities of the public sector that do not have the character of Public Administrations of contracts covered by Law 31/2007, of October 30, will be governed by this rule, except that a law will subject these contracts to the regime provided for in this Law for the Public Administrations, in which case they will also be applied the norms foreseen for the contracts subject to harmonized regulation. Contracts excluded from the application of Law 31/2007 of 30 October, which are concluded in the water, energy, transport and postal services sectors by the entities, bodies and entities mentioned above, shall be governed by the relevant provisions of this Law, without being applicable, in any event, to the rules laid down exclusively for contracts subject to harmonised regulation.

Additional provision ninth. Special rules for the recruitment of access to databases and the subscription to publications.

1. The subscription to magazines and other publications, whatever their support, as well as the hiring of access to the information contained in specialized databases, may be carried out, whatever their value as long as they do not have the character of contracts subject to harmonised regulation, in accordance with the rules established in this Law for the minor contracts and subject to the general conditions applied by the suppliers, including those concerning the payment formulas. The payment of the price, in such cases, shall be made in the form prevented under the conditions governing these contracts, the payment being admissible prior to the delivery or performance of the benefit, provided that this corresponds to the usual uses of the market.

2. Where the contracts referred to in the preceding paragraph are concluded by electronic, computer or telematic means, the entities, bodies and entities of the public contracting sector shall have the consideration of consumers for the purposes laid down in the law on the services of the information society and electronic commerce.

Additional provision 10th. Changes in amounts, time limits and other changes resulting from the Annexes to Community Directives.

The Council of Ministers is authorized to modify, by means of Royal Decree, after hearing of the Autonomous Communities, and in accordance with the economic situation, the amounts indicated in the articles of this Law. The Council of Ministers is also authorized to incorporate into the law the necessary amendments resulting from the Annexes to the Community directives governing public procurement.

Additional provision eleventh. Update of figures set by the European Union.

The figures which will be set out by the European Commission will replace those contained in the text of this Law. The Ministry of Economy and Finance will take appropriate measures to ensure its publicity.

Additional disposition twelfth. Computation of deadlines.

The time limits set by days in this Law shall be construed as referring to calendar days, except where it is expressly stated that only the working days must be computed. However, if the last day of the period is not deft, the deadline shall be extended to the following first working day.

Additional disposition thirteenth. References to Value Added Tax.

The references to the Value Added Tax should be understood as the Indirect General Tax or the Tax on Production, Services and Import, in the territories in which these tax figures are governed.

Additional disposition fourteenth. European Economic Area.

The references to the Member States of the European Union contained in this Law shall be understood to include the States Parties to the Agreement on the European Economic Area.

Additional provision 15th. Rules concerning the means of communication used in the procedures covered by this Law.

1. The communications and exchanges of information to be carried out in the procedures covered by this Law may be made, in accordance with the provisions of the contracting authorities or the bodies to which their resolution corresponds, by mail, by fax, or by electronic, computer or telematic means. Requests for participation in award procedures may also be made by telephone, in the case and in the form provided for in paragraph 4 of this additional provision.

2. In order to be admissible, the means of communication must be generally available and, therefore, no restrictions should be imposed on the access of employers and interested parties to the relevant procedures.

3. Communications, exchanges and the storage of information shall be carried out in such a way as to ensure the protection of the integrity of the data and the confidentiality of the tenders and requests for participation, and that the content of the tenders and requests for participation shall not be known until after the end of the period for their submission or until the time set for their opening.

4. The contracting authorities may accept telephone communication for the submission of requests for participation, in which case the applicant who uses this means shall confirm his application in writing before the expiry of the time limit set for its receipt.

The contracting authorities may require that requests for participation sent by telefax be confirmed by post or by electronic, computer or telematic means, where this is necessary for their constancy. This requirement must be laid down in the notice of invitation to tender, with an indication of the time available for completion.

5. The usable electronic, computer and telematics must also comply with the requirements laid down in the additional sixteenth provision.

Additional provision sixteenth. Use of electronic, computer and telematic means in the procedures regulated in the Law.

1. The use of electronic, computer and telematic means in the procedures referred to in this Law shall comply with the following rules:

(a) The usable electronic, computer and telematic means shall be non-discriminatory, publicly available and compatible with the information and communication technologies of general use.

(b) The information and technical specifications required for the electronic submission of tenders and requests for participation shall be made available to all interested parties, not to be discriminatory and to be in conformity with open standards, for general use and for broad implementation.

(c) The programmes and applications necessary for the electronic submission of tenders and requests for participation shall be of wide use, easy to access and non-discriminatory, or shall be made available to those concerned by the contracting authority.

(d) The communications systems and for the exchange and storage of information must be able to ensure in a reasonable manner, in accordance with the state of the art, the integrity of the data transmitted and that only the competent bodies, on the date indicated for that purpose, may have access to them, or that in the event of a breach of this access prohibition, the breach can be clearly detected. These systems should also provide sufficient security, in accordance with the state of the art, in the face of computer viruses and other harmful programmes or codes, and other measures may be regulated which, while respecting the principles of confidentiality and integrity of the offers and equality between the tenderers, are intended to minimise their impact on the procedures.

e) Applications used to carry out communications, notifications and documentary submissions between the tenderer or contractor and the contracting authority should be able to prove the date and time of their issuance or receipt, the integrity of their content and the sender and consignee thereof. In particular, these applications should ensure that the exact time and date of receipt of the proposals or requests for participation and of how much documentation is to be submitted to the contracting authority are recorded.

(f) All acts and manifestations of the will of the administrative bodies or of the bidding companies or contractors that have legal effects and are issued both in the preparatory phase and in the phases of bidding, adjudication and execution of the contract must be authenticated by an electronic signature recognized in accordance with Law 59/2003, of December 19, of Electronic Signature. The electronic, computer or telematic means used must be able to ensure that the signature complies with the provisions of this standard.

(g) Tenderers or candidates shall submit the documents, certificates and declarations which are not available in electronic form before the expiry of the period laid down for the submission of tenders or requests for participation.

(h) The references of this Law to the filing of written documents shall not prevent the filing of such documents by electronic means. In the case of procedures for the award of contracts, the electronic means of tenders may be sent in two stages, first transmitting the electronic signature of the tender, the receipt of which shall be deemed to have been submitted for all purposes, and then the offer itself within a maximum of 24 hours; if the second referral is not made within the time limit, the offer shall be deemed to have been withdrawn. The electronic copies of the documents to be incorporated into the file, authenticated with the recognised electronic signature of the administrative body which is enabled for receipt, shall have the same effect and shall have the same value as the certified copies of those documents.

i) The formats of the electronic documents that make up the procurement files shall be in accordance with publicly available specifications and for use not subject to restrictions, which guarantee the free and full accessibility to them by the contracting authority, the audit and control bodies, the courts and the interested parties, during the period for which the file is to be kept. In procedures for the award of contracts, the permissible formats shall be indicated in the notice or in the documents.

(j) As a requirement for the processing of procedures for the award of contracts by electronic means, the contracting authorities may require the tenderers to enter in the Official Register of Tenderers And Classified Enterprises corresponding to the data referred to in points (a) to (d) of Article 328.1.

2. In accordance with the requirements laid down in the previous paragraph and those laid down in the rules governing their use in legal traffic in general, the provisions for the development of this Law shall lay down the conditions under which electronic invoices may be used in the procurement of the public sector.

3. In compliance with the principle of transparency in the procurement and efficiency and efficiency of administrative action, the use of electronic, computerised and telematic means shall be encouraged and preferred in the procedures referred to in this Law by tenderers or candidates. In any case in the field of the General Administration of the State and the public bodies linked or dependent on it, such means shall be available in relation to all the procedures for the procurement of their competence.

4. The communications between the competent bodies for the resolution of the resources or of the complaints and the contracting authorities or the contracting entities shall be made, wherever possible, by computer, electronic or telematic means.

The notifications to the appellants and other interested parties in the appeal proceedings will be made by the means established in Law 30/1992 of 26 November. However, where the appellant has admitted the notifications by computer, electronic or telematic means during the processing of the award procedure, in the event that he has intervened in it, and in any event, when he so requests in the application's application, the notifications shall be made by those means.

Additional 17th disposition. Replacement of lawyers in the procurement tables.

For the Management Entities and the Common Services of Social Security, the assumptions in which they will be part of the Board of Tenders specifically enabled for this purpose may be established in place of those who have legally or legally assigned the legal advice of the contracting authority.

18th additional disposition. Accessibility guarantee for persons with disabilities.

In the field of public procurement, the determination of the permissible means of communication, the design of the instrumental elements and the implementation of procedural procedures, must be carried out taking into account criteria of universal accessibility and design for all, as defined in these terms in Law 51/2003, of December 2, of Equal Opportunities, Non-Discrimination and Universal Accessibility of Persons with Disabilities.

Additional 19th disposition. Responsibility of the authorities and the staff at the service of the Public Administrations.

1. The responsibility of the authorities and of the staff in the service of the Public Administrations arising out of their actions in matters of administrative procurement, both for damages caused to individuals and to the Administration itself, will be required in accordance with the provisions of Title X of Law 30/1992, of 26 November, and of Royal Decree 429/1993, of 26 March, for which the Rules of Procedure of the Public Administrations in matters of patrimonial responsibility are approved.

2. The infringement or improper application of the precepts contained in this Law by the staff at the service of the Public Administrations, when I will measure at least gross negligence, will constitute a very serious fault whose disciplinary responsibility will be required according to the specific regulations in the matter.

320th additional disposition. Concerts for the provision of health and pharmaceutical assistance celebrated by the Mutuality of Civil Servants of the State, the General Judicial Mutuality and the Social Institute of the Armed Forces.

1. Concerts aimed at the provision of healthcare and pharmaceutical services and for the development of its protective action, to celebrate the mutual participation of civil servants of the State and the Social Institute of the Armed Forces with public entities, insurance companies, medical societies, pharmaceutical associations, and other entities or companies, whatever their amount and modality, will have the nature of public service management contracts regulated by the special regulations of each mutual and, in everything not provided for by the law, of public sector contracts.

2. The concerts that the General Judicial Mutuality holds for the provision of health and pharmaceutical assistance services with public entities, insurance companies, medical societies, pharmaceutical associations and other entities or companies, and that are precise for the development of their protective action, will be agreed directly between the Mutual and the corresponding Entity, prior to the report of the State of the State of the Ministry of Justice and the Intervention Delegate in the Agency.

Additional twenty first disposition. Contracts included in the fields of defence and security.

The preparation, selection and award of contracts falling within the scope of Law 24/2011, of 1 August, of Public Sector Contracts in the fields of Defense and Security, as well as the rules governing the regime of subcontracting established therein, will first be governed by it and supplanted by this Law.

Additional twenty-second disposition. Arrangements for the recruitment of certain bodies.

1. The contracting regime of the State Society of Industrial Participations, the public entity Ports of the State and the Harbour Authorities will be the one established in this Law for the business public entities.

2. The regulatory instructions for the procedures for contracting the Port Authorities and Ports of the State will be elaborated and approved by the Minister of Public Works, prior to the report of the State Advocate.

3. In the contracts referred to in Article 16.2 of Law 46/2003, of 25 November, Regulatory of the National Museum of the Prado, this entity shall apply the rules provided for in this Law for contracts of contracting authorities which do not have the character of Public Administrations. These contracts shall not be of a administrative contract.

33rd additional disposition. Practices contrary to free competition.

The contracting authorities, the Advisory Board of Administrative Contracting of the State and the competent bodies to resolve the special resources referred to in Article 40 of this Law shall notify the National Competition Commission of any facts of which they are aware in the performance of their duties which may constitute an infringement of the law of defence of the competition. In particular, they shall communicate any indication of agreement, decision or collective recommendation, or concerted or consciously parallel practice between tenderers, which has as their object, produces or may produce the effect of preventing, restricting or distorting competition in the procurement process.

Twenty-fourth additional disposition. Provision of health care in emergency situations.

1. In contracts relating to the provision of health care in cases of urgency and of less than EUR 30 000, the provisions of this Law relating to the preparation and award of the contract shall not apply.

2. In order to be used in such cases, it is sufficient that, in addition to being justified, the purpose of the benefit is to be determined, the price to be paid for the assistance shall be fixed and the contracting authority designated by the contracting authority shall be responsible for the execution.

Additional twenty-fifth disposition. Legal regime of the "Company of Agrarian Transformation, Company Anonymous" (TRAGSA), and its subsidiaries.

1. The group of state mercantile societies, consisting of the "Company of Agrarian Transformation, Company of Anonymous" (TRAGSA), and the companies whose capital is fully owned by it, has the function of providing essential services in the field of rural development, environmental conservation, emergency care, and other related areas, as established in this provision.

2. TRAGSA and its subsidiaries integrated in the group defined in the previous paragraph have the consideration of own instruments and technical services of the General Administration of the State, the Autonomous Communities and the contracting authorities dependent on them, being obliged to carry out, on an exclusive basis, the works entrusted to them in the matters mentioned in paragraphs 4 and 5, giving a special priority to those that are urgent or that are ordered as a consequence of the emergency situations that are declared. In accordance with this obligation, the assets and assets of TRAGSA and its subsidiaries may be included in civil protection and emergency plans and arrangements.

The relations of the companies of the TRAGSA group with the contracting authorities of which they are means of own instruments and technical services have an instrumental and non-contractual nature, being articulated through the management of those provided for in article 24.6 of this Law, so that, to all intents and purposes, they are internal, dependent and subordinate in character.

The communication made by one of these contracting authorities by commissioning a performance from one of the companies in the group will be the order to start it.

3. The social capital of TRAGSA will be entirely public.

The Autonomous Communities will be able to participate in the social capital of TRAGSA through the acquisition of shares, whose disposal will be authorized by the Ministry of Economy and Finance, at the initiative of the Ministry of the Environment, the Rural and Marine Environment. The Autonomous Communities may only dispose of their holdings in favour of the General Administration of the State or of public law bodies linked to or dependent on that State.

4. The companies of the TRAGSA group shall, on behalf of the contracting authorities of which they are instrumental own means, provide the following functions:

(a) The implementation of all types of actions, works, works and the provision of agricultural, livestock, forestry, rural development, conservation and protection of the natural and environmental, aquaculture and fisheries, as well as the necessary for the best use and management of natural resources, and for the improvement of public services and resources, including the execution of works of conservation or enrichment of the Spanish Historical Heritage in the rural environment, under the provisions of Article 68 of Law 16/1985 of 25 June of the World Heritage Historical Spanish.

b) Agricultural, livestock, animal, forestry and aquaculture activities and the marketing of their products, management and management of farms, mountains, agricultural, forestry, environmental or nature conservation centers, as well as natural resources and spaces.

c) The promotion, research, development, innovation, and adaptation of new techniques, equipment and systems of agricultural, forestry, environmental, aquaculture and fisheries, of nature conservation and for the sustainable use of its resources.

d) The manufacture and marketing of movable property for the performance of its functions.

e) Prevention and control of plant and animal pests and diseases and forest fires, as well as the carrying out of works and technical support tasks of an urgent nature.

(f) The financing, in terms of regulations, of the construction or operation of agricultural, environmental and rural infrastructure infrastructures, as well as the formation of companies and the participation in others already constituted, which are related to the social object of the company.

g) Planning, organization, research, development, innovation, management, administration and supervision of any type of livestock, veterinary, animal health and food services.

(h) The collection, transport, storage, processing, recovery, management and disposal of products, by-products and residues of animal, plant and mineral origin.

i) The carrying out of tasks or activities complementary or ancillary to those mentioned above.

The companies of the TRAGSA group will also be required to meet the needs of the contracting authorities of which they are instrumental in the achievement of their public interest objectives by carrying out, on behalf of themselves, the planning, organization, research, development, innovation, management, administration and supervision of any type of assistance and technical services in the areas of action mentioned in the previous section, or by adapting and applying the experience and knowledge (a) in those areas to other sectors of the administrative activity.

Likewise, the companies of the TRAGSA group will be obliged to participate and act, on behalf of the contracting authorities of which they are instrumental own, in tasks of emergency and civil protection of all kinds, in particular, the intervention in environmental catastrophes or in crisis or needs of agricultural, livestock or environmental character; to develop tasks of prevention of risks and emergencies of all kinds; and to carry out activities of formation and public information in cases of public interest and, in particular, for the prevention of risks, catastrophes or emergencies.

5. The companies of the group TRAGSA will be able to carry out actions of support and institutional service to the Spanish cooperation in the international field.

6. The companies of the TRAGSA group may not participate in the procedures for the award of contracts called by the contracting authorities of which it is their own. However, where no tenderer is present, the performance of the activity under public invitation to tender may be entrusted to those companies.

In the event that the execution of works, the manufacture of movable property or the provision of services by the companies of the group is carried out with the collaboration of private entrepreneurs, the amount of the part of the benefit in charge of the group shall be less than 50 per 100 of the total amount of the project, supply or service.

7. The amount of works, works, projects, studies and supplies carried out through the TRAGSA group shall be determined by applying the corresponding tariffs to the units. Such tariffs shall be calculated in such a way as to represent the actual costs of implementation and their application to the units produced shall be justified by the investment or the services carried out.

The elaboration and approval of the tariffs will be carried out by the administrations of which the group is a means of own instruments, according to the procedure established regulentarily.

8. For the purposes of this Law, companies incorporated in the TRAGSA group shall have the consideration of contracting authorities as provided for in Article 3.3.

Additional twenty-sixth disposition. Protection of personal data.

1. The contracts regulated in this Law that involve the processing of personal data must respect in their entirety the Organic Law 15/1999, of December 13, of Protection of Personal Data, and its regulations of development.

2. In the case where the contract involves the contractor's access to personal data for which the contracting entity is responsible, the contractor shall be considered to be in charge of the processing.

In this case, access to that data will not be considered as data communication, when the provisions of article 12.2 and 3 of the Organic Law 15/1999 of 13 December are complied with. In any event, the provisions of Article 12 (2) of that Law must be stated in writing.

When the contractual provision is completed, personal data must be destroyed or returned to the responsible contracting entity, or to the processor designated by it.

The third party in charge of the treatment will keep the data properly blocked as long as the responsibility for its relationship with the entity responsible for the treatment can be derived.

3. In the case of a third party processing personal data on behalf of the contractor, in charge of processing, the following requirements shall be met:

(a) That such treatment has been specified in the contract signed by the contracting entity and the contractor.

b) That the processing of personal data is in accordance with the instructions of the controller.

(c) The contractor in charge of the treatment and the third party formalize the contract in accordance with Article 12.2 of the Organic Law 15/1999 of 13 December.

In these cases, the third party will also have consideration of the treatment.

Additional twenty-seventh disposition. European groupings of territorial cooperation.

European territorial cooperation groupings governed by Regulation (EC) No 1082/2006 of the European Parliament and of the Council of 5 July 2006, when they have their registered office in Spain, shall adjust the preparation and award of their contracts to the rules laid down in this Law for contracting authorities.

An additional twenty-eighth disposition. Centralized procurement of medicines and medical devices with a view to the National Health System.

1. By Order of the Ministry of Health, Social Policy and Equality, prior to the favorable report of the General Directorate of the State Heritage, the supply of medicines and medical devices that are contracted at the state level by the different organs and agencies may be declared a centralized acquisition. The procurement of these supplies must be carried out through the Ministry of Health, Social Policy and Equality. The financing of the relevant contracts shall be borne by the requesting body or entity. The powers that Article 206 attributes to the General Directorate of the State Heritage and to the Ministry of Economy and Finance will correspond to the supply of medicines and medical devices to the Ministry of Health, Social Policy and Equality.

The Autonomous Communities and local entities, as well as entities and agencies that are dependent on them and integrated into the National Health System, will be able to adhere to the system of centralized state procurement of medicines and medical devices, for all the supplies included in it or only for certain categories of them. Accession will require the conclusion of the relevant agreement with the Ministry of Health, Social Policy and Equality.

2. The contracting authorities of the General Administration of the State, the Autonomous Communities and local authorities, as well as the entities and bodies which are dependent on them and integrated into the National Health System, may jointly conclude framework agreements as provided for in Article 196, with one or more employers in order to determine the conditions under which contracts for the supply of medicinal products and medical devices which they intend to award for a specified period must be adjusted, provided that the use of these instruments is not carried out in an abusive or The competition will be hindered, restricted or distorted.

Additional twenty-ninth disposition. Institutional arrangements for collaboration between the public sector and the private sector.

1. Public contracts and concessions may be awarded directly to a mixed-economy company in which public and private capital is involved, provided that the choice of the private partner has been made in accordance with the rules laid down in this Law for the award of the contract whose performance constitutes its object, and where appropriate, those relating to the contract of collaboration between the public sector and the private sector, and provided that no amendments are made to the subject matter and the terms of the contract which were taken into account in the selection of the private partner.

2. Without prejudice to the possibility of using means of financing such as the issuance of bonds, loans or equity loans, mixed-economy companies formed for the execution of a public contract provided for in this additional provision may:

(a) Accuse capital increases, provided that the new structure of the capital increases does not change the essential conditions of the award unless it has been provided for in the contract.

(b) Entitling the receivables held against the contracting entity of the contract whose performance is entrusted to it, subject to the authorisation of the contracting authority, in compliance with the requirements laid down in the securities market regulation.

Additional 30th disposition. Regime of the competent bodies to resolve the resources of the General Administration of the State and Contracting Entities attached to it.

1. As the number of cases submitted to the knowledge and resolution of the Central Administrative Court of Contractual Resources is required, it may be possible to constitute Territorial Administrative Courts of Contractual Resources based in each of the capitals of the Autonomous Community.

These Courts shall have exclusive jurisdiction for the resolution of the resources referred to in Article 40 of this Law, brought against the acts of the territorial administration of the State or of the Organizations and Entities that are dependent on it that have competence in all or part of the territory of the corresponding Autonomous Community.

The appointment of the President and the vowels of these Courts will be done on the same terms and requirements as the Central Administrative Court of Contractual Resources, although only ten years old will be required.

2. The number of vowels to be integrated into the Territorial Courts will be increased as required by the volume of matters submitted to them.

The first renewal of the Courts will be partially done in the three years of the appointment. In this respect, before the deadline indicated, they shall be determined by drawing lots to be terminated.

In any case, a vowel shall continue in the performance of his/her duties until he or she takes over the position of the member.

Additional 30th disposition. Authorisation of the Council of Ministers for concessions on motorways of state competition.

The authorization of the Council of Ministers will be necessary for the celebration, and, where appropriate, modification and resolution of the contracts for the concession of the state competition highways.

First transient disposition. Proceedings initiated and contracts awarded prior to the entry into force of this Law.

1. The procurement files initiated before the entry into force of this Law will be governed by the above rules. 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 documents shall be taken into account in determining the time of initiation.

2. The administrative contracts awarded prior to the entry into force of this Law shall be governed, in respect of their effects, compliance and extinction, including their duration and the extension regime, by the previous legislation.

Second transient disposition. Review formulas.

Until the new review formulas are approved by the Council of Ministers adapted to the provisions of Article 91, the ones approved by Decree 3650/1970, of 19 December; by Royal Decree 2167/1981, of 20 August, by which the previous one is supplemented, and by Decree 2341/1975, of 22 August, for contracts of manufacture of the Ministry of Defense, with exclusion of the effect of the price variation of the labor force, will continue to apply.

Transitional provision third. Determination of amounts by the ministerial departments with respect to the autonomous organizations assigned to them.

Until the time when the holders of the ministerial departments set the amount for the authorization laid down in Article 317.5, the amount, calculated in accordance with Article 88, of EUR 900 000 shall apply.

Transitional disposition fourth. Determination of the cases in which the classification of undertakings is required.

Article 65 (1), as soon as it determines the contracts for which the prior classification is required, shall enter into force in accordance with the provisions of the regulations for the development of this Law defining the groups, subgroups and categories in which these contracts are to be classified, continuing in force until then, the first paragraph of Article 25 (1) of the Recast Text of the Law on Public Administration Contracts.

However, the classification of works of value less than EUR 350,000

not be required for classification

Transient disposition fifth. Transitional arrangements for procedures for the award of contracts not subject to harmonised regulation concluded by entities which do not have the status of public administration.

1. As long as the internal instructions referred to in Article 191.b are not adopted, contracting authorities which do not have the character of public administrations shall be governed, for the award of contracts not subject to harmonised regulation, by the rules laid down in Article 190.

2. These rules shall also apply to the other public sector entities which do not have the status of Public Administrations for the award of contracts, as long as they do not approve the instructions provided for in Article 192.3.

Transitional disposition sixth. Time limits referred to in Article 216 of the Law.

The period of 30 days referred to in Article 216 (4) of this Law shall apply from 1 January 2013.

Since the entry into force of this Law and 31 December 2011, the time limit in which the Administrations are obliged to pay the price of the obligations referred to in Article 216 (4) shall be within 50 days of the date of issue of the certificates of work or of the corresponding documents certifying the full or partial realization of the contract.

Between 1 January 2012 and 31 December 2012, the period within which the Administrations are required to pay the price of the obligations referred to in Article 216 (4) shall be within 40 days of the date of issue of the certificates of work or of the relevant documents certifying the full or partial performance of the contract.

Transitional disposition seventh. Supplementary scheme for the Autonomous Communities.

As long as a Autonomous Community does not regulate to whom the question of nullity provided for in Articles 37 to 39 of this Law must be initiated, or the appeal against the acts referred to in Article 40.1 and 2 shall be brought, and which effects shall derive from its interposition, the following rules shall apply:

(a) The acts referred to in Article 40.2 shall be subject to recourse where they relate to any of the contracts listed in paragraph 1 of the same Article.

(b) The competence for the resolution of the resources shall continue to be entrusted to the same bodies as previously assigned to it.

(c) The resources shall be processed in accordance with Articles 42 to 48 of this Law.

(d) Judgments given in these proceedings shall be subject to administrative and administrative proceedings. Where the decisions are not wholly of an estimate or where they have appeared in the proceedings other than the appellant in the proceedings, they shall not be enforceable until they are final or, if they have been appealed, until the competent court has decided to suspend them.

Transient disposition octave. Procedures in progress.

1. The proceedings of appeal initiated under Article 37 of Law 30/2007 of 30 October, in the wording in force prior to the entry into force of Law 34/2010, of 5 August, will continue to be dealt with until their resolution under the law.

2. In the case of contracts initiated before the entry into force of Law 34/2010, the question of nullity and the appeal provided for in Article 40 of this Law may be brought before the entry into force of 5 August, against acts which may be appealed against or claimed in this way, provided that they have been issued after their entry into force.

Final disposition first. Updating of references to certain bodies.

The references that are contained in the existing rules to the Inter-Ministerial Purchasing Board and the Central Supply Service will be understood, respectively, to the Bureau of the state system of centralized contracting regulated in Article 322 of this Law and to the General Directorate of the State Heritage.

Final disposition second. Competitive titles.

1. Articles 21 and 50 are issued under Rule 6 of Article 149.1 of the Constitution, which attributes to the State the jurisdiction over "procedural law, without prejudice to the necessary specialties that in this order derive from the particularities of the substantive law of the Autonomous Communities".

2. The following articles are issued under the exclusive jurisdiction of the State to issue civil and commercial law pursuant to the provisions of Article 149.1.6. and 8. of Article 259.1, Article 260.1 and Article 261.1, Article 262, Article 263 and Article 264.

3. The remaining articles of this Law constitute basic legislation dictated under the protection of article 149.1.18. of the Constitution in the field of basic legislation on administrative contracts and, consequently, are of general application to all the Public Administrations and agencies and entities dependent on them. However, the following Articles or parts thereof shall not have a basic character: Article 15 (1) (a) (a); Article 16 (1) (a); Article 24 (1) (a); Article 29 (4); Article 41 (2) and (3); Article 64 (2) (c); Article 64; Article 71; Article 71; Article 82; Article 83; second subparagraph of Article 84 (3); Article 112 (2); Article 112 (2); (b) and (c); Article 114 (1) and (2); Article 115 (1) and (2); Article 115 (4), (5) and (6); Article 116 (1) and (4); Article 124; Article 125; Article 126 (e), (g), (h), (i), (j) and (l) of Article 136; second subparagraph of Article 152 (3); Article 205 (2); Article 206; Article 207; Article 211.2; Article 212 (2); Article 227 (3) and (5); Article 227 (8); Article 230.2; Article 232; Article 233 (1); Article 234 (3), except for the provision of Article 234 (b) and Article 234; Article 235 (1); Article 244; Article 248; Article 251 (2) and (3); Article 255 (5); Article 256; Article 260.7; Article 261.2; Article 287; Article 290 (2) and (3); Article 294; Article 295; Article 297; Article 298 (2) and (3); Article 310 (3); Article 310 (2) and (3); Article 311 (2) and (3); Articles 316 to 318; Articles 320 to 324; Articles 320 to 324; Article 334; Article 334; Article 334; Article 334; Article 334; Article 334; Article 334; Article 334; Article 334; Article 334; Article 334; point (a) of paragraph 1 of the additional first provision; additional provision seventeenth; additional twenty-first provision; twenty-first additional provision; twenty-second additional provision; twenty-fifth additional provision; additional twenty-fifth provision; additional thirtieth provision; third-first provision; third transitional provision; transitional provision seventh; transitional provision eighth; final provision first; third final disposition, fourth final disposition, and final disposal fifth.

For the same purposes as provided for in the preceding paragraph, the minimum requirements for minor contracts shall be taken into account in Article 1111.1 and shall be considered as maximum the following percentages, amounts or time limits:

The percentage of 5 per 100 of article 95.1 and 2.

The percentage of 3 per 100 of article 103.2.

The amounts of Article 138.3.

The periods of one month as set out in Article 222 (2) and (4).

Final disposition third. Rules applicable to the procedures covered by this Law.

1. The procedures laid down in this Law shall be governed, in the first place, by the provisions contained therein and in its implementing rules and, in the alternative, by those of Law No 30/1992 of 26 November 1992 and additional rules.

2. In any event, in proceedings initiated at the request of a person concerned for whom nothing is specifically established and which have as their object or relate to the claim of quantities, the exercise of administrative prerogatives or any other question relating to the execution, consummation or termination of an administrative contract, after the period laid down for its decision has elapsed without being notified, the person concerned may consider his application for administrative silence to be dismissed, without prejudice to the subsistence of the obligation to resolve.

3. The approval of the procedural rules necessary for the implementation of this Law will be carried out by the Council of Ministers, on the proposal of the Minister of Economy and Finance and after the opinion of the State Council.

Final disposition fourth. Enabling regulations on the use of electronic, computer or telematic means and the use of an electronic invoice.

1. The Minister for Economic Affairs and Finance is hereby authorised to approve, after obtaining the opinion of the Council of State, the detailed rules for the development of the additional provision of the sixteenth provision which may be necessary to make the use of electronic, computer or telematic means fully effective in the procedures covered by this Law.

2. Similarly, the Minister of Economy and Finance, by Order, shall define the technical specifications of the data communications to be carried out in compliance with this Law and establish the models to be used.

3. The Council of Ministers, acting on a proposal from the Ministers for Economic Affairs and Finance and Industry, Tourism and Trade, will take the necessary measures to facilitate the issuance of electronic invoices by persons and entities that contract with the public sector, guaranteeing the free of charge services to be established for companies whose turnover in the year immediately before and for all their activities is lower than the threshold set in the Order referred to in the previous paragraph.

Final disposition fifth. Promotion of pre-commercial procurement.

The Council of Ministers will, by agreement, set within the budgets of each ministerial department and of each public body linked to or dependent on the General Administration of the State, the amounts necessarily intended for the financing of contracts referred to in Article 4.1.r) of this Law. A part of them may be reserved for innovative small and medium-sized enterprises.

Final disposition sixth. Enabling regulatory development.

The Government is empowered to issue the necessary provisions for the development and implementation of this Law in the field of its powers.

ANNEX I

Activities referred to in Article 6 (1)

This class does not include

Nace 1					CPV
Section F			Construction
Division	Group	Class	Description	Notes
45			Construction	This division comprises: ● new builds, restoration works, and current repairs	45000000
	45.1		Preparation of Works
	45.11		Demolition of buildings and land movements	This class comprises: ● demolition and shooting down buildings and other structures ● debris clearing ● the work of land movement: excavation, refilling and leveling of sites of works, digging of ditches, clearing of rocks, blasting, etc. ● preparing mining farms: ● underground works, mountain clearing and other mine preparation activities This class also includes: ● drainage of site sites ● drainage of agricultural and forestry land	45110000
		45.12	perforations and probes	This class comprises: ● drilling, polling, 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) ● drilling of hydraulic wells (see 45.25) ● the excavation of mine shafts (see 45.25). ● prospecting for oil and natural gas fields and geophysical, geological, or seismic surveys (see 74.20)	45120000
	45.2		General construction of civil engineering buildings and oras		45200000
		45.21	Building general buildings and unique civil engineering works (bridges, tunnels, etc.)	This class includes: ● building all types of buildings ● building civil engineering works: ● bridges (including high roads), viaducts, tunnels and underground steps ● power, communication and long distance driving networks ● urban piping, power and communications networks ● urban works annexed the in situ assembly of prefabricated constructions This class does not include: ● the services related to the extraction of gas and oil (see 11.20) ● the assembly of complete prefabricated constructions from non-concrete production parts (see divisions 20, 26 and 28) ● the construction of equipment for stadiums, swimming pools, gyms, tennis courts, fields of golf and other sports facilities, excluding its buildings (vease45.23) ● building and construction facilities (see 45.3) ● architectural and engineering activities (see 74.20) ● the direction of construction works (see 74.20)	45210000 (Except: 45213316, 45220000, 45231000, 45232000
		45.22	Construction of covers and enclosure structures	This class comprises: ● roofing construction ● roofing cover ● Building and balcony waterproofing	45261000
		45.23	Construction of motorways, roads, landing fields, railways and sports centres	This class comprises: ● building motorways, streets, roads and other vehicle and pedestrian traffic lanes ● building railway tracks ● building runways ● building Stadiums, swimming pools, gyms, tennis courts, golf courses and other sports facilities, excluding their buildings ● the painting of signs on roads and car parks. This class does not include: ● previous land movement (see 45.11)	45212212 and DA0345230000 except: 45231000 45232000 45234115
		45.24	Hydraulic works	This class comprises: ● building: ● waterways, port and river facilities, marinas, locks, etc. ● dams and dams ● dredging ● underground works	45240000
		45.25	Other specialized constructs	This class comprises: ● construction that specialise in a common appearance to different types of structure and which require specific skills or materials: ● foundation works, including the swelling of piles and drilling of hydraulic wells, excavation of mine shafts ● mounting of steel parts other than own production ● bending of steel ● mounting and dismantling of scaffolding and work platforms, including your rental ● mount of fireplaces and industrial ovens. This class does not include: ● renting scaffolding without mounting or dismantling (see 71.32)	45250000 45262000
	45.3		Installation of buildings and works.		45300000
		45.31	Electrical installation	This class comprises: ● installation in buildings and other construction works of: ● cables and electrical equipment ● telecommunication systems ● electrical heating installations ● housing antennas ● fire alarms ● theft protection alarm systems ● elevators and escalators ● lightning rods, etc.	45213316 4531000 Except: 45316000
		45.32	Thermal, acoustic and anti-vibratory isolation	This class comprises: ● installation in buildings and other works construction of thermal, acoustic or anti-vibration insulation. This class does not include: ● waterproofing of buildings and balconies (see 45.22)	45320000
		45.33	Plumbing	This class comprises: ● installation in buildings and other works of construction of: ● plumbing and sanitation ● gas appliances ● heating, ventilation, cooling or air conditioning appliances and pipes ● installation of automatic fire extinguishers. This class does not include: ● installing and repairing electrical heating installations (see 45.31)	45330000
		45.34	Other building and construction installations	This class comprises: ● installation of lighting and signalling systems for roads, ports and airports ● installation in buildings and other construction works of equipment and devices not elsewhere classified	45234115 45316000 45340000
	45.4		End of Buildings and Works		45400000
		45.41	Revocation	This class comprises: ● the application in buildings and other construction works of plaster and inner and outer stucco, including corresponding listing materials	45410000
		45.42	Carpentry installations	This class comprises: ● installation of doors, windows and frames, equipped kitchens, staircases, work furniture, and similar wood or other materials, other than " own production ● interior finishes, 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, concrete or carved stone coatings for soils ● parquet 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 papers
45.44		Painting and glazing	This class comprises: ● interior and exterior painting of buildings ● the 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 construction finishes	This class comprises: ● the installation of particular pools ● steam cleaning, with sandblasting or the like, from outside the buildings ● other building finishing works not cited elsewhere. 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 provided with operator				45.50
				This class does not understand: ● renting equipment and construction or demolition machinery devoid of operator (see 71.32)	45500000
45500000
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) 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.

ANNEX II

Services referred to in Article 10

Categories

Description	CPC reference number (1)	CPV reference
1	Maintenance and repair services.	6112, 6122, 633, 886.	From 50100000-6 to 50884000-5 (except from 50310000-1 to 50324200-4 and 50116510-9, 50190000-3, 50229000-6, 50243000-0), and from 51000000-9 to 51900000-1.
2	Land-based transport services (2), including armored van services and messaging services, except for mail transport.	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: 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	Mail transport 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 (3).	ex 81, 812, 814 7.	From 66100000-1 to 66720000-3 (3).
7	Computer services and related services.	84.	From 50310000-1 to 50324200-4 from 72000000-5 to 72920000-5 (except 72318000-7 and from 72700000-7 a72720000-3), 79342410-4.
8	Research and Development Services (4).	85.	From 73000000-2 to 73436000-7 (except 73200000-4, 73210000-7, 73220000-0.
9	Accounting, auditing, and book-keeping services.	862.	From 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	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; engineering services and integrated engineering services; urban planning services and landscape architecture services. Related services of consultants in science and technology. Testing 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 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	Waste and disposal services of waste: services of sanitation and similar services.	94.	From 90400000-1 to 90743200-9 (except 90712200-3 From 90910000-9 to 90920000-2 and 50190000-3, 50229000-6 50243000-0.
17	Restaurant 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	Waterfront and river transport services.	72.	From 60600000-4 to 60653000-0, and from 63727000-1 to 63727200-3.
20	Additional 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 (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 for 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	Health and social services.	93.	79611000-0, and from 85000000-9 to 85323000-9 (except 5321000-5 and 85322000-2.
26	Entertainment, 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. 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 in respect of these goods, are also excluded; however, the financial services provided either prior to 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 the contracting entity for its exclusive use, provided that it fully provides for the provision of the service. (5) Except for arbitration and reconciliation services. (6) Except for work contracts (7) Except for contracts for the purchase, development, production or co-production of programming material by broadcasters and contracts relating to broadcasting time.

ANNEX III

List of products referred to in Article 15 (1) (a) in respect of supply contracts awarded by contracting authorities in the defence sector

Chapter 25: Salt; sulfur; lands and stones; and those, cales and cements.

Chapter 26: Minerals, slags and ashes.

Chapter 27: Mineral fuels, mineral oils and products of their distillation; bituminous substances; mineral waxes, except:

Ex 27.10: Special fuels.

Chapter 28: Inorganic chemicals; inorganic or organic compounds of precious metals, of radioactive elements, of rare earth metals or of isotopes, except:

Ex 28.09: explosives.

Ex 28.13: explosives.

Ex 28.14: tear gas.

Ex 28.28: explosives.

Ex 28.32: explosives.

Ex 28.39: explosives.

Ex 28.50: toxicological products.

Ex 28.51: toxicological products.

Ex 28.54: explosives.

Chapter 29: Organic chemicals, except:

Ex 29.03: explosives.

Ex 29.04: explosives.

Ex 29.07: explosives.

Ex 29.08: explosives.

Ex 29.11: explosives.

Ex 29.12: explosives.

Ex 29.13: toxicological products.

Ex 29.14: toxicological products.

Ex 29.15: toxicological products.

Ex 29.21: toxicological products.

Ex 29.22: toxicological products.

Ex 29.23: toxicological products.

Ex 29.26: explosives.

Ex 29.27: toxicological products.

Ex 29.29: explosives.

Chapter 30: Pharmaceuticals.

Chapter 31: Abonos.

Chapter 32: Tanning or dyeing extracts; tannins and their derivatives; pigments and other colouring matters; paints and varnishes; mastics; inks.

Chapter 33: Essential oils and resinoids; perfumery, toilet or cosmetic preparations.

Chapter 34: Soap, organic surface agents, washing preparations, lubricating preparations, artificial waxes, prepared waxes, cleaning products, candles and similar articles, modelling pastes, dental waxes and plaster-based dental preparations.

Chapter 35: Materies albuminoideas; tails; enzymes.

Chapter 37: Photographic or cinematographic products.

Chapter 38: Miscellaneous products of chemical industries, except:

Ex 38.19: toxicological products.

Chapter 39: Plastic materials, cellulose ethers and esters, artificial resins and articles thereof, except:

Ex 39.03: explosives.

Chapter 40: Natural or synthetic rubber, factually rubber and articles of rubber, except:

Ex 40.11: Auto tires.

Chapter 41: Skin and Leather.

Chapter 42: Manufacture of leather; articles of garnitionery or of cutlery; travel articles, handbags and similar containers; articles of tripe.

Chapter 43: fur and fur clothing; artificial or factional fur.

Chapter 44: Wood, charcoal and wood manufactures.

Chapter 45: Corcho and its manufacturing.

Chapter 46: Manufacture of Esparteria or Cesteria.

Chapter 47: Materials for the manufacture of paper.

Chapter 48: Paper and paperboard; articles of cellulose pulp, paper or paperboard.

Chapter 49: Bookshop articles and graphic arts products.

Chapter 65: Hats and other headdresses, and their parts.

Chapter 66: Paraguas, quitasoles, canes, whips, fustas and their parts.

Chapter 67: Prepared plumes and plumes and articles of feathers or down; artificial flowers; articles of hair.

Chapter 68: Manufacture of stone, plaster, cement, asbestos, mica or similar materials.

Chapter 69: Ceramic products.

Chapter 70: Glass and its manufactures.

Chapter 71: Fine, precious or semi-precious stones, precious metals, precious metal clad (plaiting) and articles thereof; imitation jewellery.

Chapter 73: Foundry, Iron and Steel.

Chapter 74: Copper.

Chapter 75: Nickel.

Chapter 76: Aluminum.

Chapter 77: Magnesium, beryllium.

Chapter 78: Lead.

Chapter 79: Cinc.

Chapter 80: Estano.

Chapter 81: Other Common Metals.

Chapter 82: Tools, cutlery and table cutlery, of common metal, except:

Ex 82.05: Tools.

Ex 82.07: Toolpieces.

Chapter 83: Miscellaneous common metal manufacturing.

Chapter 84: Calderas, machines, appliances and mechanical appliances, except:

Ex 84.06: engines.

Ex 84.08: Other propellants.

Ex 84.45: machines.

Ex 84.53: Automatic information processing machines.

Ex 84.55: No. 84.53.

Ex 84.59: Nuclear reactors.

Chapter 85: Electrical machines and apparatus and articles for electrotechnical uses, except:

Ex 85.13: Telecom.

Ex 85.15: Transmission devices.

Chapter 86: Vehicles and railway equipment, non-electrical signalling devices for communication routes, except:

Ex 86.02: Armored locomotives.

Ex 86.03: Other armored locomotives.

Ex 86.05: armoured cars.

Ex 86.06: workshop coaches.

Chapter 87: Motor vehicles, tractors, speedcycles and other land vehicles, except:

Ex 87.08: tanks and other armored vehicles.

Ex 87.01: tractors.

Ex 87.02: Military vehicles.

Ex 87.03: Vehicles for repairs.

Ex 87.09: motorcycles.

Ex 87.14: trailers.

Chapter 89: Maritime and river navigation, except:

Ex 89.01A: warships.

Chapter 90: Instruments and apparatus of optics, photography or cinematography, measuring, checking or precision; medical instruments and apparatus, except:

Ex 90.05: binoculars.

Ex 90.13: various instruments, laser.

Ex 90.14: telemeters.

Ex 90.28: Electrical or electronic measuring instruments.

Ex 90.11: microscopes.

Ex 90.17: medical instruments.

Ex 90.18: appliances for typing.

Ex 90.19: braces for orthopedics.

Ex 920: X-ray devices.

Chapter 91: Relojeria.

Chapter 92: Musical instruments, sound recording or reproducing apparatus, recording or reproducing apparatus of images and sound on television, and parts and accessories of such apparatus.

Chapter 94: Furniture; medical surgical furniture; bedding and the like, except:

Ex 94.01A: aircraft seats.

Chapter 95: Matries for carving or molding, worked (including manufacturing).

Chapter 96: Manufacture of brush, brush and brushes, brooms, tassels, sieves, cedars and sieves.

Chapter 98: Miscellaneous Manufacturing.