Administrative requirements

The following are the general requirements of capacity to act that the tenderer must fulfill in order to participate in a process.

1. Only natural or legal persons, Spanish or foreign, who have full capacity to act, are not involved in a prohibition to contract, and prove their economic, financial and technical or professional solvency or, in cases in that is so required, are duly classified. Entrepreneurs must also have the business or professional qualification that, where appropriate, is required to carry out the activity or benefit that constitutes the object of the contract.

2. Legal entities may only be awarded contracts whose benefits are included within the purposes, object or scope of activity that, according to their bylaws or foundational rules, are their own.

3. They may contract with the public sector the unions of entrepreneurs who are temporarily constituted for this purpose, without it being necessary to formalize them in a public deed until the contract has been awarded in their favor.

4. In general, tenderers must provide the following documentation:

   • Those that prove the legal personality of the entrepreneur and, where appropriate, their representation.

   • Those who prove the classification of the company, where appropriate, or justify the requirements of its economic, financial and technical or professional solvency.

   • A responsible declaration of not being involved in a contract hiring. This declaration will include the declaration of being up to date with the fulfillment of the tax obligations and with the Social Security imposed by the current provisions, without prejudice that the supporting justification of such requirement must be presented, before the award, by the employer in whose favor this is going to take place.

   • An email address where notifications can be made.

   • For foreign companies, in cases where the contract is to be executed in Spain, the declaration of submitting to the jurisdiction of the Spanish Courts and Tribunals of any order, for all incidents that may arise directly or indirectly from the contract, with resignation, in its case, of the foreign jurisdictional benefits that may correspond to the tenderer.

   Registration will exempt from presenting to those who attend the tenders called by the aforementioned bodies, any document that has been entrusted to the Registry.
   The same regime will be applied to companies registered in the Official Registry of Bidders and Classified Companies of the State, in the terms provided in article 83 TRLCSP.

5. They will have the capacity to contract with the public sector, in any case, non-Spanish companies from Member States of the European Union that, according to the legislation of the State in which they are established, are empowered to carry out the provision in question.
   Natural or legal persons from States not belonging to the European Union must justify by means of a report from the respective Spanish Permanent Diplomatic Mission, which will be accompanied by the documentation presented, that the State of origin of the foreign company admits its Once the participation of Spanish companies in the contracting with the Administration and with the entities, organisms or entities of the public sector referred to in the Contracts Law, in a substantially analogous way. that these companies have a branch in Spain, with the appointment of proxies or representatives for their operations, and that they are registered in the Mercantile Registry.

6. Have a digital certificate whose use is authorized by the Fábrica Nacional de Moneda y Timbre. This certificate will be used to identify the tender submitted, sign the data entered in the tender and access the eTendering Portal as a tenderer.

7. If the tenderer submits his tender as a company, the tenderers representative must access the eTendering Platform with a legal electronic certificate, issued in his name to the company he represents.

8. If the tenderer presents his tender as a self-employed worker, he can access the eTendering Platform with his electronic certificate.