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Public Sector Contracts Act (Act 9/2017, 8 November 2017)

Article 63. Contractor profile

1. The procurement bodies shall exclusively publicise over the Internet their contractor profile, as a means of compiling information and documents on their procurement activity, with a view to ensuring transparency and public access. The means of accessing the contractor profile must be set out in specifications and equivalent documents, and in all invitations to tender. Publication of the contractor profile shall not prevent the use of other additional means of advertising where so provided for.

Access to information on the contractor profile shall be open, requiring no prior identification. Nonetheless, prior identification may be required to access personalised services associated with the contents of the contractor profile, such as subscriptions, sending of alerts, electronic communications and submission of tenders, among others. All information contained in the contractor profiles shall be published in open and reusable formats, and must remain accessible to the public for a period of no less than 5 years, notwithstanding the possibility that access may be granted to earlier files where such information is requested.

2. The contractor profile may include any data and documents referring to the procurement activity of the procurement bodies. In all cases, it must contain both general information that can be used for the purposes of corresponding with the procurement body —such as contacts, telephone and fax numbers, postal and e-mail addresses, information, notices and general documents (e.g. internal contracting procedures and models of documents) —and also specific information relating to the contracts to be entered into.

3. In the case of information relating to contracts, the following must be published at least :

a.     The explanatory report for the contract, the report of insufficiency of resources in the case of service contracts, the rationale for the procedure used for awarding when neither the open nor the restricted procedure are employed, the special administrative clauses and the technical specifications governing the contract or equivalent documents, where applicable, and the document approving the file.

b.     The detailed purpose of the contract, its duration, the basic tendering budget and the contract price, including value added tax.

c.     Notices of prior information, notices announcing the call for tenders and notices of execution of the contracts, notices of amendment with reasons for same, notices of design contests and the results of design contests, with the exceptions established in the rules for those negotiated without advertisement.

d.     Any media on which the contract has been publicised and links to said publications.

e.     The number and identity of the tenderers participating in the procedure, as well as all minutes of the procurement committee relative to the awarding procedure or, in cases in which the committee does not intervene, the decisions of the corresponding procurement service or body, the report on assessment of quantifiable awarding criteria by means of value judgement for each of the tenders, where applicable, the reports on tenders liable to be presumed abnormal pursuant to Article 149.4 and, in all cases, the contract award decision.

Also to be published in the contractor profile Any decision not to award or execute the contract, withdrawal from the awarding procedure, the declaration of nullity, and the lodgement of appeals and possible suspension of contracts in the event of the lodging of appeals.

4. Information on minor contracts must be published on at least on a quarterly basis. The information to be published for this type of contract must include, at minimum, the purpose, duration, contract price, including value added tax, and identity of the awardee, with the contracts ordered by awardee identity.

Contracts with an estimated value of under five thousand euros are exempt from the requirement to published referred to in the previous paragraph, provided that the system of payment used by the contracting authorities is that of advance payment or a similar system for making minor payments.

5. The following must be published in the contractor profile: cancelled procedures, the composition of the procurement committees assisting the procurement bodies, and the designation of the members of the panel of experts or of the specialist technical bodies applying award criteria that depend on a value judgement in those procedures where they are required.

In all cases the positions of the members of the procurement committees and panels of experts must be published; generic or indeterminate references referring only to the government, body or entity they represent or in which they provide their services shall not be considered sufficient.

6. The establishment of commissions using in-house resources with an amount greater than 50,000 euros, not including VAT, must also be published in the contractor profile.

Information relating to commissions with an amount greater than 5,000 euros must be published at least once a quarter. The information to be published for this type of commission must include, at least, the purpose, duration, applicable rates and identity of the in-house resources to whom the commission is entrusted, with the commissions ordered by the identity of the own resources.

7. The computer system used to support the contractor profile must include a device making it possible properly to accredit the moment at which public publication of the information entered therein has commenced.

8. Certain details relating to execution of the contract may be exempted from publication in the circumstances stipulated in Article 154.7.

In all cases, whenever the procurement body decides to exclude any information pursuant to the terms of the above paragraph, it must give reasons for same in the file.