Discusses the legal requirements for selling to the host government, including whether the government has agreed to abide by the WTO Government Procurement Agreement or is a party to a government procurement chapter in a U.S. FTA. Specifies areas where there are opportunities.
Last Published: 6/20/2019

Spanish Government procurement follows the principle of best value through competition. There is no official domestic preference policy, or discrimination against foreign suppliers, however the Spanish Government does encourage “full and fair opportunity” for Spanish suppliers.

In Spain, all levels of administration -- central government, autonomous communities, municipalities and companies with at least 50 percent government ownership -- have to follow specific procurement practices as regulated by the 2017 Law of Contracts of the Public Sector, Law 9/2017 of November 8 (Spanish). The authorities allowed to contract or require funds on behalf of the Government are:

  • Central Government: Ministers and State Secretaries
  • Autonomous Communities: Legal representatives as established by the local government (usually a member of the cabinet) Municipalities: Mayor or any other formally designated official
  • State-owned companies: Chief Executive Officer

The bidding procedure for a specific tender is relatively straightforward. All proposals for bids are confidential and must be accompanied by proper documentation. This information should include:
 
  • Accreditation of the legal representation used by the company.
  • Proof of economic and financial ability to meet all obligations and technical or professional competence plus a declaration that the company is not prohibited from contracting.
  • Proof that a provisional guarantee, as required by the conditions of participation, has been deposited. For foreign companies, formal acceptance of the jurisdiction of the Spanish courts (if necessary).
  • Accreditation that all fiscal and social security obligations have been met.


U.S. companies interested in bidding for contracts with the Public Administration must comply with the Spanish Public Sector Procurement Law (Ley de Contratos del Sector Público). Companies must also document their compliance with the Spanish Embassy in Washington, D.C.
Embassy of Spain
Commercial Section
2558 Massachusetts Ave. NW
Washington, DC 20008-2865
Tel: (202) 265-8600;
Fax: (202) 265-9478

Procurement decisions are normally made at the respective department or agency level. For some categories of products, however, the Spanish Sub-Directorate of Procurement has opened a centralized bidding mechanism that uses an on-line register for bidders and open bids. These categories include computers, vehicles, office equipment and heating.

EU Procurement

The U.S. and the EU both participate in the World Trade Organization’s (WTO) Government Procurement Agreement (GPA). This means that U.S.-based companies are able to bid on supplies and services contracts from European public contracting authorities. However, there are restrictions for U.S. suppliers in the EU utilities sector, both in the EU Utilities Directive and in the EU coverage of the GPA.

For more information, please visit the
EU public procurement website of the U.S. Commercial Service at the U.S. Mission to the European Union.

Prepared by our U.S. Embassies abroad. With its network of 108 offices across the United States and in more than 75 countries, the U.S. Commercial Service of the U.S. Department of Commerce utilizes its global presence and international marketing expertise to help U.S. companies sell their products and services worldwide. Locate the U.S. Commercial Service trade specialist in the U.S. nearest you by visiting http://export.gov/usoffices.


More Information

Spain Business to Government Legislation