Legal & Regulatory > Spain > Public Procurement and Tendering

1. Which are the main actors involved in public procurement and tendering?

There is a high degree of decentralisation in public procurement in Spain. Regarding the public procurement and tendering services of medicinal products there are actors involved at a national level (MOH), regional level (the governments of the Autonomous Communities) and local level (hospitals).

2. What are the main characteristics of the public procurement and tendering system?

The European Union regulatory framework has clearly moulded the regulation of public procurement in Spain. Particularly, the national general regulatory framework is set out by Law 9/2017, of 8 November, on Public Sector Contracts (“Law 9/2017”), in force since March 2018, which transposes Directives 2014/23/EU and 2014/24/EU of the European Parliament and of the Council into national law.

In line with the EU regulatory public procurement framework, Law 9/2017 aims to implement a public procurement system based on the principles of non-discrimination and equal treatment among potential candidates, public notice, free and effective competition, transparency, and efficient public expenditure.

Regarding the contract award procedure, Law 9/2017 establishes five main award procedures: (i) open procedure, (ii) restricted procedure, (iii) negotiated procedure without notice, (iv) competitive dialogue, and (v) association procedure for innovation. Ordinary open or restricted procedures are the general rule. Other proceedings should be reserved for exceptional circumstances.

For instance, the negotiated procedure without notice procedure may only be used when the circumstances set out in art. 168 of Law 9/2007 occur. These include, among others, where the works, supplies, or services can be supplied only by a particular economic operator for any reason, such as the protection of exclusive rights, including intellectual and industrial property rights; or where the object of the contract involves products manufactured purely for research, experimentation, study, or development. Negotiated procedures without notice are usually used for original medicinal products that do not have generic or biosimilar competition nor other type of alternatives/competitors.