Eligibility for procurement procedures
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Eligibility for procurement procedures
Public sector contracts may be awarded only to natural or legal persons with full legal capacity, whether from Spain or abroad, that are not excluded from procurement procedures and can prove their economic and financial standing, and technical or professional standing, or, where required by this Law, are duly classified.
Legal persons may be awarded a contract only where performance of that contract is, according to their articles of association or founding rules, included within their purpose, objects or field of activity.
Exclusion from procurement procedures
The grounds for exclusion from procurement procedures are very diverse and cover reasons such as criminal convictions for certain offences, administrative penalties for particular infringements, bankruptcy or insolvency proceedings, or having caused the termination of a previous public contract.
Standing and classification
Economic and financial standing may be established by the means laid down by law and set out in the specifications or by means of the relevant certificate of classification as a works contractor or service provider, registered in the Official Register of Tenderers and Classified Undertakings (ROLECSP).
For works contracts with an estimated value of EUR 500 000 or more, the contractor must be duly classified as a works contractor by the contracting authority. For those with an estimated value of less than EUR 500 000, the classification of the undertaking will attest to its economic, financial and technical standing to enter into a contract.
For service contracts, classification of the undertaking is not required. However, the undertaking may establish its standing either by means of its classification or by proving that it fulfils the specific standing requirements.
To obtain a classification certificate it is necessary to submit the relevant application to the body responsible for the Official Register of Tenderers and Classified Undertakings (ROLECSP), which will process it as quickly as possible.
Information for each Autonomous Community
Andalucía Aragón Asturias, Principado de Balears, Illes Canarias Cantabria Castilla y León Castilla-La Mancha Cataluña Ciudad de Ceuta Ciudad de Melilla Comunitat Valenciana Extremadura Galicia Madrid, Comunidad de Murcia, Región de Navarra, Comunidad Foral de País Vasco Rioja, La