Tender specifications in Spanish public procurement: structure, legal keys, and practical advice

Regulation of public procurement in Spain

Any contract between a Spanish Public Administration and a private company (such as a public contract) follows a special legal regime. This regime, established by Law 9/2017, of 8 November, governs Public Sector Contracts (LCSP).

The law integrates the European Parliament and Council Directives 2014/23/EU and 2014/24/EU, dated 26 February 2014, into Spanish law. This legislation transposes these directives into the Spanish law.

The main objectives of the LCSP are to:

• Regulate public sector procurement to meet key principles: free access to tenders, publicity, and transparency. These principles include non-discrimination and equal treatment of bidders. The aim is to ensure fair, transparent public procurement in Spain.
• Govern the effects, performance, and termination of public contracts, understood as onerous contracts of any legal nature entered into by public sector entities (with certain exceptions provided for in the LCSP).

The procurement file

The award of any public contract by a Spanish Public Administration requires the prior processing of the corresponding procurement file, as provided for in Articles 12 to 18 of the LCSP (construction contracts, public works concessions, service concessions, supply contracts, service contracts, and mixed contracts).

This file must cover the entire scope of the contract and justify:

1. The choice of procurement procedure.
2. The classification required of bidders.
3. The technical/professional and financial/economic solvency criteria, together with the award criteria and special contract performance conditions.
4. The estimated value of the contract, with a breakdown of its components, including labour costs where applicable.
5. The Administration’s specific need and its direct, clear, and proportionate connection to the contract’s object.
6. For service contracts, a report confirming the insufficiency of in-house resources.
7. The decision not to divide the contract into lots, where applicable.

The procurement file includes the tender specifications (Pliegos):

• PCAP – Administrative Terms and Conditions (Pliego de Cláusulas Administrativas Particulares)
• PPT – Technical Specifications (Pliego de Prescripciones Técnicas)

These documents form an integral part of the contract and establish the submission requirements for bids and the award criteria. For this reason, bidders must carefully review the PCAP and PPT before taking part in any public tender in Spain.

Administrative Terms and Conditions (PCAP)

Public contracts must comply with the PCAP, whose clauses are legally binding and form part of the contract.

The PCAP always includes:

• The solvency and award criteria.
• Social, labour and environmental considerations as solvency or award criteria, or as special performance conditions.
• The terms governing the rights and obligations of the parties.
• Provisions on assignment of the contract, if applicable.
• The obligation to comply with employee wage conditions in line with the relevant collective agreement.
• The obligation to comply with data protection legislation.
• In mixed contracts, the applicable legal regime for performance and termination, based on the rules for the different combined obligations.
• Other requirements established by the LCSP and its implementing regulations.

The PCAP may also provide for:

• Transfer of intellectual or industrial property rights, subject to the limits of the LCSP in service contracts.
• Penalties for breach or defective performance of obligations, especially where these obligations have been decisive in the award criteria, or where strict compliance is deemed an essential contractual requirement.

Technical Specifications (PPT)

The PPT sets out the technical requirements governing the execution of the contract, including quality standards and social and environmental conditions. It must allow bidders equal access and avoid unjustified restrictions on competition.

Technical specifications in works contracts

• Technical characteristics of materials, products, or supplies.
• Quality control procedures, and assessment of social, labour, environmental, and climate impacts of materials, products, or activities; design requirements (including universal accessibility and inclusive design), terminology, symbols, testing methods, packaging, labelling, user instructions, and production processes at any stage of the project lifecycle.
• Rules for project drafting and calculation, testing, inspection, and acceptance of works, construction methods, and other relevant technical requirements.

Technical specifications in supply or service contracts

• Technical characteristics of the product or service (quality, environmental and climate impact, universal accessibility and inclusive design, conformity assessment, performance, use, safety, or dimensions).
• Requirements regarding product/service name, terminology, symbols, testing methods, packaging, labelling, user instructions, production processes during the lifecycle, and conformity assessment procedures.

Unless objectively justified, technical specifications must not refer to a particular make, source, process, trademark, patent, type, or origin that could favour or exclude specific companies or products.

Conclusion

The tender specifications (Pliegos) are the cornerstone of any public procurement process in Spain. They define the requirements bidders must meet, the award criteria, and the contractual conditions.

A detailed review of the PCAP and PPT is therefore essential before submitting a bid—not only to assess whether participation is advisable, but also to verify that the specifications comply with Spanish public procurement law.

Ruth Trullenque

We advise companies on all aspects of the tendering process. If you require assistance with reviewing specifications or preparing your bid, please