In accordance with Article 347.2 of the Public Sector Contracts Act 9/2017 of 8 November, that transposes into Spanish law the Directives of the European Parliament and Council 2014/23/EU and 2014/24/EU, of 26 February 2014, the Profile of the Contractor of the Tarragona Port Authority is integrated into the Public Sector Contracting Platform, where the information is published on all the calls for tenders issued by the Entity, as well as their results.
The Tarragona Port Authority, hereinafter the TPA, applies the general principles of contracting set out in the current valid legislation, given its nature as a Public Corporate under the Ministry of Development. The objective of the TPA’s policy is to optimise the relationship between cost, quality and provision in the contracting of all kinds of goods and services, guaranteeing in all cases the principles of advertising, concurrence, transparency, equality and non-discrimination.
1. Legal conditions applicable to the contracts of the Tarragona Port Authority
In accordance with the provisions of Article 24 of Royal Legislative Decree 2/2011, of September 5, that approved the Consolidated Text of the State Ports and Merchant Marine Act, in contracting, Port Authorities must submit, in all cases, to the principles of advertising, competition, safeguarding the interests of the body and the homogenisation of the contracting system in the public sector, as well as preserving its full autonomy of management, to the provisions of Act 30/2007, of October 30, for public sector contracts, currently the LCSP, and Act 31/2007, of October 30, on contracting procedures in the water, energy, transport and postal services sectors, currently Royal Decree Act 3/2020, of October 4 February, (hereinafter the Excluded Sectors Act), when they enter into contracts included in their respective areas.
In accordance with the Eighth Additional Provision of the LCSP, the awarding of contracts entered into by public sector entities that do not have the status of Public Administration, such as Port Authorities, will be governed by the Contracting Procedures Act in the water, energy, transport and postal services sectors, when they operate in those areas and the contracts exceed the thresholds established in the aforementioned Act on contracting procedures in said sectors, unless an Act subjects these contracts to the regime provided for in the LCSP.
In turn, and in accordance with the sixteenth additional provision of Royal Decree Act 3/2020, of February 4, the legal regime of the contracts that, in the activities subject to the First Book of RD Act 3/2020, are entered into by State Ports and the Port Authorities, will be that established in the aforementioned First Book for contracting authorities that do not have the status of Public Administration.
Contracts will be considered included in the scope of objective application delimited by Article 12 of the First Book of Royal Decree Act 3/2020, of February 4, on the Transposition of Directive 2014/25/EU of the European Parliament and Council, of 26 February 2014, regarding contracting by entities operating in the water, energy, transport and postal services sectors, and Directive 2014/23/EU, of the European Parliament and Council, of February 26, 2014, regarding the award of concession contracts, all those contracts for work, supplies and services that contribute to the exercise of the powers that correspond to the Port Authorities, in accordance with Article 25 of the Consolidated Text of the State Ports and the Merchant Navy Act, approved by Royal Legislative Decree 2/2011, of September 5. Among other contracts, the following will be considered included in the scope of the objective application of the aforementioned Act: those for harbour protection, dredging, mooring, port landfills, esplanades and paving, dock facilities and services, accesses and networks, roads and railways, maritime stations, port terminals, border inspection posts and other port organisation service buildings, as well as those contracts that are necessary for the correct exploitation and operation of the public organisations that make up the port system under state ownership.
2. . Advertising of the requests for tender by the TPA
Public Sector Contracting Platform
Official Journal of the European Union
TPA website
3. Access for interested parties to the tendering procedures
The Contracting Conditions of the TPA for each of its calls for tender are given in its Lists of Particular Conditions / Lists of Particular Administrative Clauses. The supplier interested in presenting an offer can obtain them through the corresponding link in the Contractor Profile.
Royal Decree-Law 3/2020, of February 4, on urgent measures by which various European Union directives in the area of public procurement in certain sectors are incorporated into the Spanish legal system; regarding private insurance policies; pension plans and funds; the taxation system and fiscal litigation
Law 31 2007, of October 30th, concerning contracting procedures in the water, energy, transport and postal service sectors.
Law 39 2015, of October 1st. RCL 2015/1477.
Law 40 2015,of October 1st, concerning the Legal Framework of the Public Sector.
Royal Decree 1098/2001 of October 12th, which approvesthe general regulations for the Law concerning public authority contracts.
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