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Founded in 2005
English
González y Gárcia Consultores, S.L. is a Spain-based firm with offices in Tenerife and La Gomera that specializes in property management, real estate assets and tax consulting. The firm is known for its professional, transparent service and its ability to coordinate multidisciplinary teams to...
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About Government Contract Law in Alcalá de Henares, Spain

Public procurement in Alcalá de Henares, like throughout Spain, operates under national and European rules designed to ensure transparency, equal treatment, and open competition. The main framework is the Ley de Contratos del Sector Público (LCSP), which implements European directives on public procurement. Tenders for works, services and supplies from the Ayuntamiento de Alcalá de Henares follow these standards and are published on the Plataforma de Contratación del Sector Público (PCS).

The contracting process typically involves publishing notices, inviting competitive bids, evaluating proposals against objective criteria, and publicly awarding contracts. Municipal contracts in Alcalá de Henares must also comply with contract performance and monitoring requirements, including possible remedies if procedural irregularities occur. Public procurement disputes may be resolved through administrative avenues or court challenges depending on the nature of the issue.

“Public procurement in Spain is governed by Ley 9/2017 de Contratos del Sector Público to ensure open competition, equal treatment, and transparency.”

Source: BOE - Ley 9/2017

“Public procurement notices in Spain are published on Plataforma de Contratación del Sector Público, the central portal for tender information.”

Source: Contratación del Sector Público

Why You May Need a Lawyer

Understanding the public procurement process in Alcalá de Henares is complex and time sensitive. A lawyer specializing in Government Contracts can help you navigate requirements, deadlines, and remedies. Below are concrete, locale-specific scenarios where legal counsel is typically essential.

  • You submitted a bid for a municipal roadworks contract in Alcalá de Henares and your bid was not awarded. You suspect evaluation criteria were misapplied or biased and need a professional to review documents and consider a challenge.
  • You believe the tender used a negotiated procedure without proper justification or without sufficient prior publication. A lawyer can assess compliance and, if appropriate, initiate remedies to contest the decision.
  • You are a non-Spanish company and need help translating and negotiating contract terms, governing law, and dispute resolution provisions to fit your jurisdiction while respecting Spanish requirements.
  • A contract awarded to you includes a change order or modification. You want to ensure the modification falls within permitted LCSP change rules and is properly documented to maintain enforceability.
  • You suspect a conflict of interest on the procurement committee and want to understand the proper procedure to raise concerns and seek remedies within Alcala de Henares structures.
  • You plan cross-border participation and need to understand how EU procurement rules interact with local Spanish procedures and timelines.

Local Laws Overview

Alcalá de Henares follows national Spanish public procurement law and EU directives. The core statutes and regulations you should know include the following. For in-depth text, consult official sources listed at the end of this section.

  • Ley 9/2017, de 8 de noviembre, de Contratos del Sector Público (LCSP) - The principal statute governing public procurement in Spain. It implements EU procurement directives and sets procedures, criteria, and remedies for all contracting authorities, including municipal bodies in Alcalá de Henares. Effective 9 November 2017.
  • Real Decreto Legislativo 3/2011, de 14 de noviembre - Texto Refundido de la Ley de Contratos del Sector Público. This consolidated earlier rules and remains a reference point for historical contracts and transitional provisions, though LCSP 2017 amended much of its content.
  • Directiva 2014/24/EU concerning public procurement - EU directive transposed into Spanish law via LCSP. It emphasizes open competition, non-discrimination, and transparency across member states. Official summary and updates are available through EU sources.

Key sources and where to read them:

Frequently Asked Questions

What is the basic process to bid on Alcala city contracts?

In Alcalá de Henares, monitor notices on the PCS and submit your bid by the deadline in the tender documents. The contracting authority then evaluates the proposals using objective criteria and publishes the award notice.

How does open procedure differ from restricted procedure?

Open procedure allows any eligible supplier to bid. Restricted procedure pre-clears bidders through a qualification process before invitation to submit bids.

When can a direct award be used in Alcala contracts?

Direct awards are limited to specific justified cases defined by LCSP, such as urgent needs or when competition is impractical and within statutory thresholds.

Where can I find Alcala tender notices?

Tender notices are published on the Plataforma de Contratación del Sector Público and, for local specifics, on the Alcalá de Henares procurement pages.

Why should I hire a public procurement lawyer for Alcala tender challenges?

A lawyer helps interpret complex tender documents, assess compliance, and pursue timely remedies to protect your interests under LCSP.

Can I appeal an award decision in Alcala and how?

Yes, you may challenge an award through appropriate remedies under LCSP, such as administrative or judicial channels. A lawyer can guide you on deadlines and procedures.

Should I hire a local Alcalá attorney or a Madrid-based specialist for Alcala procedures?

A local attorney understands Alcalá’s contracting practices and authorities, while a Madrid specialist may offer broader cross-jurisdictional experience. Choose based on case complexity and travel needs.

Do I need to prepare separate technical and financial proposals for Alcala bids?

Most LCSP procurements require separate technical and financial proposals or a combined submission, depending on the tender terms. Read the specific notice carefully.

Is Spanish governing law applicable to municipal contracts in Alcala?

Yes, Spanish law governs municipal contracts in Alcala de Henares, with contract terms often specifying local enforcement and dispute resolution in Spain.

How much can a bid modification affect contract value in Alcala?

Modifications are limited by LCSP rules and must be within defined scopes, such as price adjustments or scope changes, and usually require justification and documentation.

What is the typical timeline for a recurso especial in Alcala?

Timelines vary by case and court, but a recurso especial in contract matters generally spans several weeks to months from filing to resolution, depending on court workload.

Do I need to meet minimum technical qualifications to bid in Alcala?

Yes, tender documents specify minimum qualifications. Failing to meet them typically disqualifies a bidder, so assess qualifications before preparing a bid.

Additional Resources

Useful official sources for Alcala de Henares public procurement and legal framework:

  • Contratación del Sector Público - Official portal where Spain’s procurement notices are published; use it to find Alcalá notices and understand procedure types. https://contrataciondelestado.es
  • Boletín Oficial del Estado (BOE) - Primary source for the LCSP text, amendments, and related regulations. https://www.boe.es
  • Tenders Electronic Daily (TED) - EU official journal for cross-border procurement notices; useful for comparing standards and procedures across the EU. https://ted.europa.eu

Next Steps

  1. Define your objective and the Alcalá de Henares contract type you are pursuing (works, services, or supplies). Gather the tender documents and any prequalification requirements.
  2. Assess eligibility and capacity. Confirm if you meet minimum technical and financial thresholds stated in the notice.
  3. Identify potential lawyers or law firms with active public procurement practice in Madrid or Alcalá de Henares. Gather their contact information and areas of focus.
  4. Schedule initial consultations to discuss a specific Alcalá tender, your bid strategy, and possible remedies if you face bid challenges.
  5. Request written engagement terms from the chosen attorney, including scope, fees, and timelines for response or filing deadlines.
  6. Prepare a bid package with your technical proposal, pricing, certificates, and documentation required by the Alcalá tender. Have legal counsel review before submission.
  7. Submit the bid and monitor the award process. If you are not selected, consult counsel immediately about available remedies and deadlines.

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Disclaimer:

The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

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