Public Procurement
Public Procurement Lawyers
Legal Advice on Public Procurement
Public procurement is one of the most important areas of administrative law and one of the main channels for collaboration between businesses and public administrations. Each year, state, regional, and local government agencies, as well as public-sector entities , launch thousands of procurement procedures to contract for construction work, services, supplies, and projects of a wide variety of types.
Participating in these types of procedures offers significant business opportunities, but it also requires navigating a particularly complex regulatory framework. Preparing bids, interpreting bid documents, complying with administrative requirements, and defending against potential disqualifications all require specialized technical knowledge to minimize risks and increase the chances of success.
At IN DIEM, we provide comprehensive legal counsel to companies, contractors, and economic operators involved in public procurement processes. Our work encompasses both the preliminary phase of preparing the bid and the defense of our clients’ interests during the performance of the contract and in any potential challenge proceedings.
The main regulation is found in the Law 9/2017 on Public Sector Contracts
Participation in Public Bidding Processes
Bidding processes are the standard mechanism through which government agencies select the companies that will carry out public contracts.
Competitive bidding requires that bidders submit proposals capable of simultaneously meeting the technical, financial, and legal requirements specified in the request for proposals.
Public Sector Contracts
Public contracts can take various forms depending on their purpose.
Among others, the following stand out:
- Construction Contracts.
- Service Contracts.
- Supply Contracts.
- Concessions.
- Mixed contracts.
Each category has specific characteristics that must be taken into account when preparing the proposal.
Professional, personalised service throughout Spain.
IN DIEM Abogados has offices in Madrid, Seville, Málaga, and Las Palmas de Gran Canaria… as well as in other cities and towns. IN DIEM Abogados provides services throughout Spain and internationally, and offers online services. Every matter is very important to us; we handle it carefully and seriously.
Experience: Judges, Prosecutors, State Attorneys.
IN DIEM Abogados is a firm of professionals with extensive prior experience as Judges, Prosecutors, State Attorneys, University Lecturers… providing the peace of mind and confidence of having the best team—competitive and highly prepared—to achieve your objectives and meet your needs.
Correctly identifying the applicable requirements is one of the first steps toward successfully participating in any procurement process.
In addition, the constant evolution of regulations makes it necessary to stay up to date on administrative and case law criteria.
Preparation of bids and analysis of bid documents
One of the factors that most influences the outcome of a bid is the quality of the preparatory work.
Preparing Bids
A detailed review of the documentation makes it possible to detect risks, identify critical requirements, and design a competitive strategy tailored to the characteristics of each procedure.
The specifications govern essential aspects such as:
- Financial and technical solvency.
- Award Criteria.
- Terms of Performance.
- Required guarantees.
- Contractual Obligations.
A seemingly minor error can result in a bid being rejected or significantly lower its score.
Therefore, it is advisable to conduct a thorough legal review before submitting any proposal.
Furthermore, many issues can be prevented through proper coordination among the company’s technical, financial, and legal teams.
Award, Exclusions, and Appeals
The award phase is one of the most critical stages of the process.
Decisions made by contracting authorities may directly affect the economic and strategic interests of participating companies.
Exclusions, controversial technical evaluations, or questionable awards often lead to situations that require an immediate legal response.
Special Appeal in Procurement Matters
The law provides for specific mechanisms designed to ensure that certain administrative actions are reviewed for legality.
The special appeal in procurement matters is one of the most important tools for challenging decisions related to bidding procedures.
This remedy may be used in response to certain actions when the legally established requirements are met, and it allows for a specialized review of the contested proceedings.
More information on administrative remedies
Prompt action is essential, as deadlines are often particularly tight.
An early legal assessment makes it possible to identify opportunities for defense and avoid losing important procedural options.
Execution, Amendment, and Termination of Public Contracts
The award of the contract does not mark the end of the legal risks associated with public procurement.
The contract execution phase often presents numerous challenges related to compliance with obligations, operational issues, and changes in the circumstances initially anticipated.
Contract Amendment
In certain cases, the regulations allow for amendments to be made during the performance of the contract.
However, these actions are subject to strict limits and must be properly justified.
Failure to properly process an amendment may lead to disputes with the government or even affect the validity of certain actions.
Penalties and Contract Termination
The Administration has the authority to impose penalties when it determines that there have been breaches of contract.
Furthermore, certain circumstances may lead to the early termination of the contract.
These situations often have significant financial and reputational consequences for the affected company.
For this reason, it is essential to carefully analyze each case and develop defense strategies tailored to the specific circumstances of the case.
Risk Prevention in Government Contracting
Prevention is one of the most effective tools for reducing conflicts in the field of public procurement.
Proper planning makes it possible to identify potential risks before they materialize and facilitates the implementation of timely corrective measures.
Companies that regularly participate in bidding processes typically benefit from internal document review systems, compliance protocols, and oversight mechanisms designed to ensure compliance with applicable legal requirements.
Administrative contracting requires a high level of technical and organizational rigor. For this reason, specialized legal support can significantly contribute to improving the security of operations and protecting business interests.
In addition, an effective preventive strategy facilitates relations with contracting authorities and reduces the likelihood of future conflicts.
How IN DIEM Can Help You
At IN DIEM, we advise companies and economic operators on all phases of public procurement.
We assist with bidding processes, analysis of bid documents, preparation of bids, appeals against disqualifications, special appeals related to procurement, and disputes arising during contract execution.
Our approach combines specialized legal expertise, an understanding of the business world, and a strategic vision focused on achieving results.
We analyze each process on a case-by-case basis, identify risks and opportunities, and design solutions tailored to each client’s specific needs.
If your company participates in public bids or has contractual relationships with government agencies and public-sector entities, proper legal planning can be crucial to maximizing opportunities, minimizing risks, and effectively protecting your interests.
Give us a call.
Immediate attention & resolution. In Diem team.
Call us—we'll be happy to assist you… IN DIEM Emergency Service
IN DIEM Abogados makes available to its clients an urgent assistance service, operating 24 hours a day, for emergency situations, whether in criminal matters, contracting, litigation, or family matters.
In-person service
Our team of lawyers will see you in person in: Málaga, Madrid, Seville, Las Palmas de Gran Canaria, Huelva, Jerez, Cádiz; as well as Tomares, Mairena del Alcor, Mairena del Aljarafe, Coria del Río, Dos Hermanas, Estepona, and Marbella, among others.
Excellence
Extensive experience as Prosecutors, State Attorneys, Judges, University Lecturers, or high-level Trade Union Representatives, providing you with peace of mind and confidence.
Online service
IN DIEM provides assistance wherever you need it. National and international assistance. We assist via videoconference (through available applications such as Skype, GoToMeeting, or WhatsApp) and by telephone.
Lawyers 24/7
Immediate legal assistance, 24 hours a day. Our team of lawyers is available to advise you and support you in any situation, providing fast, professional, and confidential assistance by phone, video call, or in person.
Trends, legal news and expertise
Frequently Asked Questions International Legal
Answers to frequently asked questions about international legal services, cross-border operations, corporate law, and global legal advisory.
What is public procurement?
It is the set of procedures through which public authorities select companies to carry out construction projects, provide services, or supply goods.
Who can participate in a bidding process?
Any company or professional that meets the requirements set forth in the bid documents and applicable regulations.
What are procurement documents?
These are the documents that govern the legal, technical, and economic terms of each bid.
Can a contract award be appealed?
Yes. There are specific procedures for challenging certain decisions made during the proceedings.
What is a special appeal in procurement matters?
It is a review process provided for certain contracts and actions related to public procurement.
Can a company be excluded from a bidding process?
Yes. Exclusion may result from missing documentation or failure to meet the requirements of the call for applications.
Is it possible to amend a public contract?
In certain cases, yes, provided that the legally established requirements are met.
What happens if the government imposes penalties?
The affected company can analyze the legality of the measure and consider possible defensive actions.
Is it necessary to seek legal advice?
Given the technical complexity of public procurement, specialized guidance is recommended.
When should you contact a lawyer?
Before submitting a bid and whenever issues arise during the bidding process or the performance of the contract.
Legal Directors
, the In Diem Team.
Do you need help and a free initial consultation?
Book an initial consultation. In 60 minutes we will give you an honest assessment, available options, and next steps.
Bid with Legal Certainty
If your company participates in public bids, every set of bid specifications, bid, or exclusion can affect the outcome. At IN DIEM, we analyze the process, mitigate risks, and protect your interests during the award and contract execution phases.
Contact Us
Do you have any questions or comments?
Complete the form below and we will respond as soon as possible.
Call us at (+34) 954 270 522 or fill out our form, and we will get in touch with you.
