El procedimiento restringido en la nueva Ley 9/2017, de Contratos del Sector Público

Abstract

This work gives account of how restricted procedure has been regulated by the recent Act 9/2017 of November 8th of Public procurement contracts «that transposes European Parliament and Council Directives 2014/23/ UE and 2014/24/UE of February 26th of 2014 to the Spanish legal system». In general, the previous system has remained (Legislative Royal-Decree 3/2011 of November 14th «approving the revised text of the Act of Public procurement contracts») but it also has some novelties that we should know, for example the requirement that special service concession contracts listed in Annex IV (services of social, health, education, research or security nature and so on) were always to be awarded through the restricted procedure. Besides, the Act considers this procedure particularly suitable when it is about intellectual services with particular complexity, as for example some consulting, architecture and engineering services so even if it is not compulsory, the restricted procedure is recommended. Another new provision of this Act concerning the restricted procedure is that in service contracts where their submission implies some specific developments, the administrative clauses can grant premiums and compensations due to the expenses the bidders incur when they submit their tenders.

Keywords

• public procurement contracts
• restricted procedure
• administrative law