The contracting party

The contracting party. Procedures

BARCELONA DE SERVEIS MUNICIPALS S.A. is a trading company owned by Barcelona City Council.
As a municipal public company, BARCELONA DE SERVEIS MUNICIPALS S.A. is defined as a ‘public sector’ entity in accordance with Section d) of Article 3.1 of Royal Legislative Decree 3/2012, of 14 November, approving the revised text of the Law on public sector contracts (TRLCSP).

BARCELONA DE SERVEIS MUNICIPALS S.A. is not fully subject to the TRLCSP given its dual status as (I) an awarding authority and (II) a non-public body in accordance with Article 3.3 of said Law.

BARCELONA DE SERVEIS MUNICIPALS S.A. meets the requirements to be defined as an awarding authority, as it was set up to meet public needs of a non-industrial and non-commercial nature, and one or more entities which are awarding authorities in accordance with Article 3.3 of the TRLCSP finance its activities, control its management or nominate more than 50% of the members of its board of directors or governing body.

However, BARCELONA DE SERVEIS MUNICIPALS S.A. may not be considered a Public Authority in the terms defined in Article 3.3 of the TRLCSP.

Consequently, when awarding contracts subject to harmonised contracting rules, BARCELONA DE SERVEIS MUNICIPALS S.A. will be subject to the provisions of the Revised Text and, in particular, Article 190. However, when awarding contracts not subject to these rules, in accordance with Article 191 of the TRLCSP, BARCELONA DE SERVEIS MUNICIPALS S.A. will be bound by its Internal Contracting Instructions, approved by its Board of Directors on 31 March 2008, to ensure that it abides by the principles that guide all public contracting as established in the Law: advertising, competition, transparency, confidentiality, equality and non-discrimination.

For all contracts, whether subject to the harmonised rules or otherwise, BARCELONA DE SERVEIS MUNICIPALS S.A. will award private contracts, in accordance with the provisions of Article 20 of the TRLCSP.

The administrative courts are competent to rule on the procedures for the preparatory stages up to the awarding of contracts subject to the rules on harmonised contracting, while the ordinary courts may rule on the process for awarding contracts not covered by these rules, and on the effects, execution and cancellation of all private contracts.