On Thursday 19 October, Spanish Congress approved a new Public Procurement Law, although it is still pending publication in Spain's Official State Journal (BOE). This law transposes European public procurement directives into Spanish legislation, in particular Directive 2014/24/EU of the European Parliament and of the Council, of 26 February 2014, on public procurement and repealing Directive 2004/18/EC; as well as Directive 2014/23/EU of the European Parliament and of the Council, of 26 February 2014, on the award of concession contracts.
The LCSP will enter into effect when four months have elapsed from its publication in the BOE, except for aspects related to public procurement governance, which will become effective on the day following publication in the BOE.
According to the first transitional provision of the new LCSP, processes started and contracts awarded before the new law enters into effect will be governed by the former law.
The new elements of the LCSP are:
- Subjective scope
- Contract types
- Procedure simplification
- Contract modification
- Boosting innovation
- Free competition
- Access to the special challenge
- Contract performance by public entities
Click here to read the full document.
The contents of this publication are for reference purposes only and may not be current as at the date of accessing this publication. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action based on this publication.
© Herbert Smith Freehills 2020