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Spanish Public Sector Contracts Law (LCSP)

The Spanish Public Sector Contracts Law (Ley 9/2017, of 8 November) governs procurement by public administrations and other public-sector entities in Spain, transposing the EU procurement directives. It orders the contract types (works, supplies, services, concessions), the award procedures, the principles of publicity, transparency, equal treatment and free competition, and the remedies available against the contracting authority's decisions.

The Spanish Public Sector Contracts Law (Ley 9/2017, of 8 November) governs procurement by public administrations and other public-sector entities in Spain, transposing the EU procurement directives. It orders the contract types (works, supplies, services, concessions), the award procedures, the principles of publicity, transparency, equal treatment and free competition, and the remedies available against the contracting authority's decisions.

In practice

The Spanish Public Sector Contracts Law (LCSP), enacted as Ley 9/2017, of 8 November, is the central statute of Spanish public procurement and transposes the EU procurement directives.

Companies bidding for public contracts must master the tender documents, deadlines, award criteria and remedy mechanisms. BMC advises bidders and entities on LCSP compliance: see our Public Procurement service.

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Frequently asked questions

Procurement by public administrations and public-sector entities is governed by Ley 9/2017, of 8 November, on public sector contracts (LCSP), which transposes EU Directives 2014/23/EU and 2014/24/EU into Spanish law.
The LCSP regulates, among others, works contracts, supply contracts, service contracts, works concessions and service concessions, as well as mixed contracts. Each type has specific rules for preparation, award and performance.
The law provides for procedures such as the open procedure, the restricted procedure, competitive procedure with negotiation, competitive dialogue and minor contracts, together with framework agreements and dynamic purchasing systems. The choice depends on the subject matter, estimated value and circumstances.
Yes. Certain acts of the procedure can be challenged through the special procurement remedy — optional and free of charge — before the administrative procurement remedies tribunals, without prejudice to the subsequent administrative-litigation route.
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Frequently asked questions

Which law governs public procurement in Spain?
Procurement by public administrations and public-sector entities is governed by Ley 9/2017, of 8 November, on public sector contracts (LCSP), which transposes EU Directives 2014/23/EU and 2014/24/EU into Spanish law.
What types of contract does the LCSP regulate?
The LCSP regulates, among others, works contracts, supply contracts, service contracts, works concessions and service concessions, as well as mixed contracts. Each type has specific rules for preparation, award and performance.
What award procedures exist?
The law provides for procedures such as the open procedure, the restricted procedure, competitive procedure with negotiation, competitive dialogue and minor contracts, together with framework agreements and dynamic purchasing systems. The choice depends on the subject matter, estimated value and circumstances.
Can a public award be challenged?
Yes. Certain acts of the procedure can be challenged through the special procurement remedy — optional and free of charge — before the administrative procurement remedies tribunals, without prejudice to the subsequent administrative-litigation route.