LCSP (Spanish Public Sector Contracts Act)

What is the LCSP

The Ley 9/2017, de 8 de noviembre, de Contratos del Sector Público (LCSP) is Spain’s primary public procurement statute, in force since 9 March 2018. It replaced the former consolidated text of the Public Sector Contracts Act (TRLCSP 2011) and establishes the legal framework ensuring that public procurement is conducted in accordance with the principles of transparency, open competition, equal treatment, non-discrimination and efficient use of public funds.

The LCSP transposes EU Directives 2014/24/EU (classic sectors), 2014/25/EU (utilities sectors) and 2014/23/EU (concessions), aligning Spanish public procurement law with the requirements of the EU single market for government contracts.

Scope and structure

The LCSP applies to contracts awarded by public administrations (central government, regional governments, local authorities), autonomous bodies, public business entities and the broader public sector (Article 3 LCSP) when those entities qualify as contracting authorities. It covers works, works concessions, service concessions, supply and services contracts.

Certain agreements are expressly excluded from LCSP scope (Article 36), including employment contracts, administrative cooperation agreements between public bodies, and certain categories of international agreements.

Procurement procedures

The LCSP provides for several award procedures, the applicable one determined by the contract’s estimated value and technical characteristics:

• Open procedure (Arts. 131-159 LCSP): The standard procedure, with a simplified variant for supply and services contracts up to €2 million
• Restricted procedure (Art. 160 LCSP): Contracting authority pre-selects a minimum of five candidates, who alone receive an invitation to tender
• Negotiated procedure with publication (Art. 167 LCSP): Permitted in enumerated cases of special complexity
• Competitive dialogue (Art. 172 LCSP): For particularly complex contracts where the authority cannot define technical specifications without prior dialogue
• Minor contract (Art. 118 LCSP): Direct award for works up to €40,000 and services/supplies up to €15,000

Contracts exceeding the EU thresholds (SARA contracts — sujetos a regulación armonizada) are subject to publication in the Official Journal of the European Union and the more demanding regime of Directive 2014/24/EU.

Exclusion grounds (Article 71 LCSP)

Article 71 LCSP lists comprehensive grounds that disqualify a company from bidding for public contracts: final criminal convictions for corruption, fraud, money laundering, terrorist financing or offences against workers; tax or social security debts exceeding €2,000 without an approved deferral; insolvency proceedings; or serious prior contractual non-performance.

Article 72 LCSP allows companies subject to an exclusion ground to demonstrate self-cleaning measures — reparatory steps taken to neutralise or mitigate the exclusion ground and restore eligibility.

Special review remedy (REMC)

For SARA contracts, Articles 44-60 LCSP establish a dedicated and prioritised challenge mechanism before the Central Administrative Court for Contractual Disputes (TACRC) or equivalent regional bodies. The filing deadline is a strict 15 working days from notification of the contested act. Lodging a challenge against an award decision automatically suspends the procurement procedure.

For specialist advice on Spanish public procurement, bid preparation, and contractual disputes, see BMC’s public procurement practice.