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Practice area · Nationwide coverage

Public Procurement Lawyers in Spain

Bid preparation, special appeals before the TACRC, contract execution and Next Generation funds. Over 20 years defending companies in the Spanish public market. Direct access to the partner on every file.

The Spanish public market: €90 billion and rules that decide who wins

Public procurement in Spain is governed by Law 9/2017 on Public Sector Contracts (LCSP), which transposes European directives 2014/23, 2014/24 and 2014/25. With more than €90 billion in contracts each year, it is one of the most significant markets for any company operating in Spain — and also one of the most demanding from a formal standpoint.

Knowledge of the tender specifications, correctly demonstrating solvency, scrupulous compliance with formal requirements, and the ability to react to an unlawful exclusion or award are factors that make the difference between winning and losing contracts of any size.

Dobarro y Asociados advises companies throughout every phase of the public contracting cycle: from analysing the tender specifications and preparing the bid, through appeals before the TACRC and regional tribunals, to managing execution and settling the contract.

Sample photo (Public Procurement) No. 1

Sample photo (Public Procurement) No. 1

Four specialised sub-areas

Public Procurement Services

Comprehensive advice in the four public procurement disciplines that most affect business competitiveness in the Spanish public market.

Tenders

Bid & Tender Preparation

Analysis of tender specifications, structuring technical and financial bids, demonstrating solvency, and submission on platforms (PLACSP, EROD, Vortal). The 7 mistakes that exclude bids.

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TACRC

Special TACRC Appeals

Special appeal in procurement matters: 15-working-day deadline, free of charge, suspends the procedure. Day-by-day action protocol. Regional tribunals: TACRC, TACPCM and equivalents.

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Execution & EU Funds

Contract Execution & EU Funds

Contract amendments (art. 205 LCSP), payment and interest claims (Law 3/2004), and contracts financed with Next Generation funds: the DNSH principle, eligibility and traceability.

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SMEs

SMEs in Public Procurement

Splitting contracts into lots, external means of solvency, ROLECE, the simplified open procedure and 30-day payment. A strategy for medium-sized companies to compete with large groups.

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Sectors and client types

Companies that contract with the public sector

Engineering and consulting

Project competitions, technical assistance and consulting services. Highly technically complex tenders with subjective evaluation criteria.

Construction and infrastructure

Public works contracts, works concessions, amendments and claims during execution. Next Generation and PRTR funds.

Public services and technology

Cleaning, maintenance, catering, IT and telecommunications services for public authorities at every level.

Energy and environment

Energy supply contracts, waste management, water and renewables in the public sector. DNSH criteria in PRTR contracts.

Our differentiating approach

Why bidding companies choose us

Deep knowledge of tender specifications

More than 20 years analysing administrative and technical tender specifications across all types of contracts: works, services, supplies, concessions and mixed contracts. We spot risks where others see standard text.

24-hour response for urgent appeals

The special TACRC appeal has a 15-working-day deadline from publication of the award decision. Our working structure allows us to begin analysis the same day an exclusion or award is challenged.

Defence from the tender specifications through to settlement

We support companies through the entire cycle: bid preparation, submission, defence before the Contracting Board, TACRC or judicial review appeals, contract execution and final settlement.

Experience with large amounts

We have handled files on contracts ranging from €50,000 to service concessions worth more than €10,000,000. We know the criteria applied by the contract appeal tribunals in every autonomous community.

We were excluded from a €12 million tender. Dobarro filed the special appeal before the TACRC within 72 hours. Three weeks later we were awarded the contract. That contract kept us in work for three years.

— CEO, engineering and consulting company · Spain

Frequently asked questions about public procurement

What is the TACRC and what is it for?

The Central Administrative Tribunal for Contractual Appeals (TACRC) is the body specialising in resolving challenges in State public sector procurement. The special appeal is free of charge, has a filing deadline of 15 working days, automatically suspends the tender procedure, and is resolved within 2 months (6-10 weeks in practice). The success rate ranges between 20% and 35%.

How large is Spain's public procurement market?

The Spanish public market moves more than €90 billion a year, representing around 8% of national GDP. Law 9/2017 LCSP, which transposes European directives 2014/23, 2014/24 and 2014/25, regulates award procedures and guarantees the principles of publicity, competition and non-discrimination.

What mistakes most often exclude companies from a tender?

The most frequent mistakes are: incomplete documentation in the administrative envelope, defective or expired electronic signatures, including financial information in the technical envelope, poorly evidenced solvency, technical proposals exceeding the specification's limits, abnormally low bids without sufficient justification, and late submission. Many of these mistakes are correctable if acted on quickly before the Contracting Board issues its decision.

Can SMEs access public procurement?

Yes. Law 9/2017 LCSP incorporates specific mechanisms for SMEs: mandatory splitting of contracts into lots, evidencing solvency through external means (temporary joint ventures, UTE), prior declaration of responsibility, the simplified open procedure for lower-value contracts, and 30-day payment with automatic interest. Registration with ROLECE (the Official Register of Bidders) speeds up accreditation in successive tenders.

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