Comprehensive Consultancy

In compliance with article 44 of Law 9/2017, the following proceedings are susceptible to special appeal:

1. 1. The acts and decisions listed in paragraph 2 of this Article shall be subject to special procurement review when they relate to the following contracts, which public administrations or other entities with the status of contracting authorities intend to award:
      • a) Contracts for works with an estimated value in excess of EUR 3 million and for supplies and services with an estimated value in excess of EUR 100 000.
      • b) Framework agreements and dynamic purchasing systems intended to lead to the conclusion of one of the contracts referred to in the preceding subparagraph and contracts based on any of those contracts.
      • c) Concessions of works or services with an estimated value in excess of EUR 3 million.

      Special administrative contracts will also be subject to appeal when, due to their characteristics, it is not possible to adjust their tender price or, otherwise, when their estimated value is higher than that established for service contracts.

      Likewise, subsidised contracts referred to in Article 23, and orders where, by their nature, it is not possible to adjust the amount, or otherwise where, having regard to their total duration plus extensions, it is equal to or greater than that laid down for service contracts, shall be subject to special procurement review.

   2. The following actions may be subject to appeal:

      • a) Contract notices, specifications and contract documents setting out the conditions that must govern the procurement.
      • b) Procedural acts adopted in the award procedure, provided that they decide directly or indirectly on the award, determine the impossibility of continuing the procedure or lead to defencelessness or irreparable damage to legitimate rights or interests. In any case, the above circumstances shall be deemed to apply to the acts of the board or the contracting authority by which it is agreed to admit or reject candidates or tenderers, or to admit or reject tenders, including tenders that are excluded because they are abnormally low as a result of the application of Article 149.
      • c) Contract award agreements.
      • d) Modifications based on non-compliance with the provisions of Articles 204 and 205 of this Law, on the understanding that the modification should have been the object of a new adjudication.
      • e) The formalisation of assignments to proprietary resources in cases where these do not meet the legal requirements.
      • f) Concession redemption agreements.
   3. Procedural errors affecting acts other than those referred to in paragraph 2 may be referred by the interested parties to the body responsible for examining the file or to the contracting authority for the purpose of correcting them in accordance with the law, without prejudice to the possibility of alleging irregularities affecting them when appealing against the award decision.
   4. This appeal will not be given in relation to the award procedures followed by the emergency procedure.
   5. The actions mentioned in this article as being subject to special appeal shall not be subject to ordinary administrative appeals.
   6. The acts that are dictated in the procedures for the awarding of contracts by the Public Administrations that do not meet the requirements of section 1 may be the object of appeal in accordance with the provisions of Law 39/2015, of 1st October, on the Common Administrative Procedure of the Public Administrations; as well as Law 29/1998, of 13th July, regulating Contentious-Administrative Jurisdiction.

In the case of actions carried out by contracting authorities that do not have the status of Public Administrations, these will be challenged through administrative channels in accordance with the provisions of Law 39/2015, of 1 October, on the Common Administrative Procedure of Public Administrations, before the head of the department, body, entity or organisation to which the contracting entity is attached or to which it is responsible. If the contracting entity is linked to more than one administration, the corresponding body of which it has control or majority participation shall be competent.

1. The lodging of the special appeal in matters of procurement is optional and free of charge for the appellants.

THE ADMINISTRATIVE COURT OF CONTRACTUAL APPEALS OF THE REGIONAL GOVERNMENT OF ANDALUSIA

REGULATION. Royal Decree 814/2015