Public procurement and tender lawyer in Catalonia
Bidding for a public contract has its own rules and very short deadlines. We advise companies and self-employed professionals who take part in public tenders, and also those who have already been excluded and want to check whether the decision complies with the law.
We work with clients in Barcelona, Sabadell, Terrassa and the rest of Catalonia. Public procurement is handled entirely online, so distance is no obstacle, and it makes no difference whether the contract is tendered by a city council, the Generalitat (the Catalan government) or the Spanish State.
Before submitting your bid
We review the tender specifications while there is still time to act: capacity requirements, award criteria, the content of each envelope and the submission deadlines.
Many exclusions have nothing to do with the price offered, but with a formal defect that could have been avoided.
Challenging an award: the special procurement appeal
If the contract has been awarded to another company and there are grounds to review it, you can lodge a special procurement appeal. It must be filed within fifteen working days, it is decided by a specialised administrative tribunal and there is no fee.
Appealing the award suspends the procedure automatically, so the contract cannot be signed while the tribunal decides.
It applies to the larger contracts: works with an estimated value above 3,000,000 euros, and services and supplies above 100,000. Below those thresholds, the route is the ordinary administrative appeal or judicial review.
Exclusions and abnormally low bids
If the contracting committee considers your bid abnormally low, it must give you a hearing and let you justify it before excluding it. We prepare that justification with the level of detail the law requires.
We also review exclusions for defects in the documentation, which in many cases can be remedied but are rejected without giving you the chance to correct them.
The specifications can be challenged too
When the tender specifications include a condition that only one company can meet, or award criteria that make it impossible to know how bids will be scored, they can be challenged before you submit your bid.
That is the moment with the most room for manoeuvre. Once the bid has been submitted, the general rule is that the specifications are deemed accepted.
After the award
Our advice does not end when the contract is signed. Modifications, penalties, price revision, assignment and subcontracting, extensions and early termination are disputed in the same way, and each has its own deadline.
Frequently asked questions
How long do I have to challenge a contract award?
Fifteen working days from the day after notification, when the contract falls within the scope of the special appeal. It is a strict time limit: once it has passed, the award becomes final. It is best to review the matter as soon as the notification arrives rather than at the end of the period, because the file has to be studied before anything is written.
Can I appeal without a lawyer?
The special appeal does not require a lawyer or a court representative (procurador), and there is no fee. Whether it is advisable is another matter: it is decided on a single written submission, with no second chance to complete your grounds, and you face both the Administration and the successful bidder, which also takes part.
I have been excluded because of a defect in the documentation. Can anything be done?
It depends on whether the defect can be remedied. Clerical errors in proving a requirement you already met usually can be. Submitting the bid late or not meeting the required economic or technical capacity cannot. It is the first thing we look at when reviewing the file.
Which area do you cover?
We work with companies throughout Catalonia, with Barcelona, Sabadell and Terrassa among our usual areas. Public procurement is not a local service: the file is consulted and the appeal is lodged online, so the firm can be in the Baix Llobregat and the client anywhere in Catalonia. As for the appeal, the tribunal that decides it depends on who tenders the contract: the Tribunal Català de Contractes del Sector Públic for the Generalitat and Catalan local authorities, and the Tribunal Administrativo Central de Recursos Contractuales for the Spanish State.
Tell us about your case
If you have a tender under way, tell us which body is running it, the date of the notification and how much time you have left. The first consultation is free, in person in Sant Feliu de Llobregat or by video call from anywhere in Catalonia.