Thresholds and legal rules
Content
Contracts subject to harmonised rules
Contracts subject to harmonised rules are those to which special rules apply regarding publication and the choice of procedure, as the estimated value of the contracts reaches a certain threshold. They are contracts of Community relevance and must therefore be publicised in a particular manner throughout the European Union.
Generally speaking, these are works contracts, works concessions and service concessions with an estimated value of EUR 5 538 000 or more, and supply or service contracts with an estimated value of EUR 143 000 or more.
There is also an administrative procedure, the simplified open procedure, to which specific legal rules apply. One of the requirements for application of that procedure is that it must involve works contracts with an estimated value of less than or equal to EUR 2 000 000, or supply and service contracts with an estimated value of less than or equal to EUR 143 000.
Administrative and private contracts
Different rules also apply to administrative contracts and private contracts. Administrative contracts are governed, as regards preparation, awarding, effects, amendment and termination, by the Law on Public Sector Contracts and its implementing provisions.
Private contracts, on the other hand, are governed, as regards preparation and awarding, in the absence of specific rules, by the Law on Public Sector Contracts in general, and by private law as regards their effects, amendment and termination.
Administrative contracts are contracts for works, works concessions, service concessions, supplies and services, provided that they are concluded by a public authority.
By contrast, private contracts are contracts concluded by public authorities with a different object from those specified above, contracts concluded by contracting authorities other than public authorities and contracts concluded by public sector entities other than contracting authorities.
Contracts in specific sectors
In general, for reasons of scope, it is also possible to identify specific legal rules for works, supply and service contracts, as well as works concession and service concession contracts, in the water, energy, transport and postal services sectors. There is a specific law for this type of contract.
Contracts established in the specific field of defence and security are also subject to different legal rules, which are laid down in a specific law implementing the relevant Community directive.
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
Legal and/or technical references
- Law No 9/2017 of 8 November 2017 on Public Sector Contracts, transposing Directives 2014/23/EU and 2014/24/EU of the European Parliament and of the Council of 26 February 2014 into Spanish law
- Royal Decree-Law No 3/2020 of 4 February on urgent measures incorporating into Spanish law various European Union public procurement directives in certain sectors: private insurance; pension plans and funds; taxation and tax litigation
- Law No 24/2011 of 1 August on public sector contracts in the fields of defence and security