Public Procurement · Sub-area
Special Appeal in Procurement Matters (TACRC)
The special appeal is free of charge, has a 15-working-day deadline, and automatically suspends the award procedure. It is the most effective tool for reacting to an unlawful exclusion or award in public procurement.
What is the special appeal in procurement matters?
The special appeal in procurement matters, regulated in arts. 44 to 60 of Law 9/2017 on Public Sector Contracts (LCSP), is the specific challenge mechanism under Spanish public procurement law. It is filed before a specialised administrative tribunal independent of the contracting authority — the TACRC at State level and its regional equivalents — and has automatic suspensive effects on the award procedure.
Its features make it especially valuable compared with judicial review: it is free of charge, has a 2-month resolution deadline compared with the years a judicial review case can take, and merely filing it automatically suspends the procedure, preventing the contract from being executed while the appeal is pending.
The success rate stands between 20% and 35% at the TACRC, with variations depending on the regional tribunal. A well-constructed appeal based on real legal defects has significant chances of succeeding.
Art. 44 LCSP
Which acts can be appealed?
Appealable
- Tender notices and descriptive documents
- Administrative specifications (pliegos)
- Technical specifications
- Procedural acts that directly or indirectly decide the award
- Contract award decisions
- Contract amendments not envisaged in the tender specifications
- Exclusions of candidates or bidders
- Withdrawal or waiver decisions
Not appealable
- Contract execution acts
- Disputes over breach or penalties
- Matters of absolute nullity (which have their own remedy)
- Contracts below the thresholds in art. 44.1 LCSP
- Actions of the contractor (not the contracting authority)
- Staff selection acts of public administrations
Urgent protocol
Roadmap: special TACRC appeal in 7 days
The special appeal requires acting quickly and precisely from day one. This is the action protocol we follow at Dobarro y Asociados to ensure the appeal is admissible and solid.
Day 1
Urgent analysis of the challenged act
Reviewing the decision received (award, exclusion or tender specifications) and identifying the defects that could support the appeal. Calculating the exact 15-working-day deadline from notification: this calculation is critical.
Day 2
Accessing the procurement file
Requesting access to the administrative procurement file (arts. 63-64 LCSP): tender specifications, Contracting Board minutes, evaluation reports and the award proposal. Without the file, there is no solid appeal.
Days 3-4
Identifying and developing grounds
Developing the specific grounds: breach of the principle of equal treatment in evaluation, lack of reasoning on subjective criteria, poorly evidenced solvency of the winning bidder, defects in the tender specifications, or discrimination in access to the procedure.
Days 4-5
Drafting the appeal
Drafting the appeal with the required formal structure: identifying the parties, evidencing standing, arguments organised by block, supporting documentation, and an express request for interim suspension.
Day 6
Review and electronic signature
Checking the consistency of the arguments, the validity of the representation (powers of attorney), and the validity of the electronic signature. An expired signature or one from a representative without sufficient powers results in automatic inadmissibility.
Day 7
Electronic filing with the competent tribunal
Electronic filing with the TACRC or the competent regional tribunal through the enabled electronic portal. Suspension of the award procedure takes effect from filing. Keep the filing receipt.
⏱ Before the 15th working day from notification
Days 8-15
Follow-up and hearing stage
Handling the referral to the contracting authority and interested parties so they can submit arguments. Final decision: 2 months from filing (6-10 weeks in practice).
Territorial jurisdiction
Contract appeal tribunals in Spain
The competent tribunal depends on the contracting authority that issued the challenged act. Contracts of the State public sector are challenged before the TACRC; contracts of the regions and their instrumental bodies, before the corresponding regional tribunal.
| Jurisdiction | Tribunal | Seat |
|---|---|---|
| State | TACRC — Central Administrative Tribunal for Contractual Appeals | Madrid |
| Madrid | TACPCM — Administrative Tribunal for Public Procurement of the Community of Madrid | Madrid |
| Catalonia | TCCSP — Catalan Tribunal for Public Sector Contracts | Barcelona |
| Andalusia | TACP Andalusia — Administrative Tribunal for Contractual Appeals of the Andalusian Regional Government | Sevilla |
| Basque Country | OARC — Administrative Body for Contractual Appeals of the Basque Country | Vitoria-Gasteiz |
| Aragón | JCCA Aragón — Advisory Board on Administrative Procurement (with resolution functions) | Zaragoza |
| Castilla y León | TARCYL — Administrative Tribunal for Contractual Appeals of Castilla y León | Valladolid |
| Galicia | TACP Galicia — Administrative Tribunal for Public Procurement of the Xunta de Galicia | Santiago de Compostela |
| Navarre | TACPN — Administrative Tribunal for Public Contracts of Navarre | Pamplona |
| Comunitat Valenciana | JRCC — Regional Board for Contracting and Concessions / Appeals Tribunal | Valencia |
| Canary Islands | TARCCA — Administrative Tribunal for Contractual Appeals of the Canary Islands | Las Palmas de Gran Canaria |
| Asturias | Council of Contractual Appeals of the Principality of Asturias | Oviedo |
Regions without their own tribunal refer appeals to the TACRC. Jurisdiction is determined by the authority that issued the act, not by the bidder's registered address.
Admissibility
Mistakes that invalidate the appeal
Late filing
The most frequent and fatal mistake. The 15-working-day deadline is a strict limitation period. Not even one day of delay is accepted. Miscounting Saturdays, local holidays, or the effective notification date can cost the appeal.
Lack of standing
Only those with a legitimate interest in the contract can appeal: bidders, excluded candidates, or those who could have bid. Third parties unrelated to the procedure lack standing.
Challenging non-appealable acts
The special appeal is only available against the acts listed in art. 44 LCSP. Contract execution acts, matters of absolute nullity, or civil disputes must be pursued through other channels.
Defective or expired electronic signature
The submission must be filed with a valid, current electronic signature. If the signatory is a representative, the representation must be evidenced with sufficient powers. Inadmissibility due to this formal defect cannot be corrected.
TACRC case law
Arguments with the highest success rate
Lack of reasoning on subjective criteria
Scores on value-judgment criteria must be individually reasoned. The generic phrase "assessed positively" is not sufficient reasoning. This argument has a high success rate before the TACRC.
Breach of the principle of equal treatment in evaluation
Applying different criteria to different bidders, evaluating aspects not envisaged in the tender specifications, or implicitly modifying the criteria during the procedure. These are grounds for annulling the award, backed by settled case law.
Incorrectly evidenced solvency of the winning bidder
The proposed winning bidder fails to evidence the solvency required in the tender specifications, submits references unrelated to the contract's subject matter, or uses external means without meeting the requirements of art. 75 LCSP.
Defects in the tender specifications contrary to the LCSP
Solvency requirements disproportionate to the contract's subject matter, award criteria favouring certain bidders, or execution conditions that restrict competition. These must be challenged before bids are submitted.
If the TACRC upholds the appeal
Effects of an upheld decision
Annulment of the challenged act
The tribunal may annul the award, the exclusion, or the tender specifications, with retroactive effect to the procedural moment when the defect occurred.
Award to the appellant
If the sole ground for exclusion was unlawful, the tribunal may order the contract to be awarded directly to the wrongly excluded bidder.
Retroactive effect and new evaluation
In cases of evaluation irregularities, the tribunal may order a new scoring with the criteria correctly applied.
State liability
If the contract has already been unlawfully executed, the appellant can claim damages against the contracting authority.
Urgent action
The deadline won't wait. Tell us about your case today.
If you have received an exclusion or an award you consider incorrect, you have 15 working days to react. We'll tell you within 24 hours whether you have grounds to appeal.
Free ConsultationFrequently asked questions about the special TACRC appeal
What is the deadline for filing the special TACRC appeal?
The deadline is 15 working days from notification of the challenged act (art. 50.1 LCSP). This is a limitation period: once it elapses, the act becomes final. Saturdays are not working days for administrative purposes. If the last day falls on a non-working day, the deadline is extended to the next working day.
Does the special appeal suspend the tender procedure?
Yes. Filing the special appeal automatically suspends the award procedure (art. 53 LCSP) until the tribunal issues its decision. This is a major advantage over judicial review, which does not produce automatic suspension. The contracting authority cannot execute the contract while the appeal is pending.
Which acts can be appealed before the TACRC?
Appealable acts (art. 44 LCSP) include: tender notices, the tender specifications, procedural acts that directly or indirectly decide the award, award decisions, contract amendments not envisaged in the tender specifications, and withdrawal or waiver decisions. Contract execution acts cannot be appealed.
Does the special appeal before the TACRC cost anything?
The special appeal before the TACRC and the equivalent regional tribunals is free of charge for the appellant. No fee is charged. Costs are only awarded in cases of manifest recklessness or bad faith, and this is exceptional in the tribunal's practice.
How long does the TACRC take to decide?
The legal deadline for a decision is 2 months from filing (art. 57 LCSP). In practice, the TACRC usually decides within 6-10 weeks. Regional tribunals vary: the Basque Country's OARC and Catalonia's TCCSP are especially fast. If the tribunal fails to decide within the deadline, the appeal can be treated as dismissed by negative silence and judicial review sought.