Guidance on Public Tenders in Spain

Spain has highest number of public tenders in the European Union, according to the Annual Report on the Supervision of Public Procurement in Spain, published by the independent Office for the Regulation and Supervision of Procurement (OIReScon).  Proposals amounting to 72,527.27 million euros were tendered in Spain in 2020 alone.  

However, the participation of foreign companies in Spanish public procurement is not high. This is mainly due to companies overseas being unaware of the tender announcements.  Generally they are published across a wide variety of local, regional and state public entities and other bodies, public bodies usually provide very basic information without any guidance or advice directed to foreign companies that may wish to participate in the process.  Many foreign companies have no experience of the processes involved in the Spanish system of public procurement, others are not confident in the Spanish system.

Giambrone & Partners corporate and commercial team offers comprehensive legal advice and guidance to companies outside Spain who wish to participate in public tenders in Spain.  Our expert corporate lawyers will support a company throughout the procedure and designing the best strategy to reach a successful conclusion.

Our services to businesses in this area include:

• Providing research and information on public tenders of interest to their sector;
• Devising the best strategy to maximise the chances of success, taking into account the merits of the bidding company; the industry sector to which the bid applies; the outcomes of similar public tenders previously presented;
• Assistance with preparation of required documentation for the submission, including advice on the financial and/or technical requirements;
• Providing access to the contracting authority to clarify any aspect of the tender and the tender documents;
• Assisting with the preparation and drafting the submission of the tender;
• Where required, assistance with a search for partners in Spain to facilitate participation in a public tender, as well as advice on negotiation, incorporation, execution and dissolution of joint-ventures;
• Monitoring the progress of the tender until it is awarded, responding to any requests, queries, etc. from the contracting authority;
• Assistance with an appeal should the foreign company be dissatisfied with the outcome.
• Challenging the outcome of the award by third parties;
• Further negotiation and review of the contract once awarded to the client.
• Advice in the event of disputes arising from the execution of the contract.

Giambrone & Partners has three offices in Spain and a broad range of legal experience in an extremely wide range of commercial matters and have successfully advised commercial clients for over 15 years.  Our lawyers have extensive capacity in a range of jurisdictions coupled with their considerable language capability offers an exceptional legal service under one roof.

For further information about public tenders arising in Spain that may be suitable for the services or products offered by your company, or if you are interested in participating in a public tender, please contact Helena Balster on [email protected]