Qualification, Selection and Exclusion of Economic Operators Under Spanish Public Procurement Law

Abstract

This chapter provides an overview of the rules on qualification, selection and exclusion of economic operators for the purposes of public procurement under Spanish law, primarily Royal Legislative Decree 3/2011, which approves the consolidated text of the Public Sector Contracts Act. This chapter focuses on transposition of the EU rules under Directive 2004/18 (as Directive 2014/24 is yet to be transposed), as well as their interpretation and implementation by the Spanish judiciary and public procurement advisory bodies, both central and regional. Where relevant, this chapter identifies points of convergence or departure from Directive 2014/24 as areas of particular relevance for legislative reform in order to ensure a proper transposition prior to April 2016.

Keywords: Public procurement, exclusion, qualification, selection, short-listing, economic operators

JEL Classification: H57, K23, K42