In accordance with the first transitional provision and the sixteenth final provision of Law 9/2017 of 8 November 2017 on Public Sector Contracts (“LCSP”), contracting procedures with reference to contracts excluded from the application of Law 31/2007 of 30 October 2007, governing the contracting procedures for the sectors of water, energy, transport and postal services (“Law 31/2007”), whose calls for tender (or approval of contract conditions in the case of a negotiated procedure that is not published) will be announced from 9 March 2018 onwards and will be subject to the provisions established by the LCSP in the terms set out under the eighth additional provision of the said LCSP. Contracts subject to Law 31/2007 will be governed by the provisions of this law.
Thus, from 9 March 2018 onwards, the regime applicable to new contracts that are not subject to Law 31/2007 will be that determined by the LCSP, so long as the calls for tender in question have been published - or the approval of contract conditions in the case of a negotiated procedure that is not published - on or after the aforementioned date.
With regard to contracts that are not subject to Law 31/2007, the Internal Contracting Instructions published in the Contractor Profile will only be applicable to those tenders that were initiated before 9 March 2018.
TMB uses the contractor profile space to make available the contractual activity of the companies that make up TMB, with the objective of ensuring efficient and transparent access to this information.
These companies, which all undertake their activity in the passenger transport sector, are included in the public sector sphere in line with their legal status, and are considered as having non-public administration adjudicating powers. This determines how public contracting legislation is applied to calls for tenders, their processing and awarding and the formalization of contracts for work, services and supplies.
- Law 31/2007, of 30 October 2007, on procedures for contracts in the water, energy, transport and postal service sectors (“Law 31/2007”) governs contracts that apply to content and value, given that TMB operates within the transport sector.
- From 9 March 2018, contractual activity for all other contracts is governed by Law 9/2017, of 8 November 2017, on Public Sector Contracts (“LCSP”).
In additional to the aforementioned legislation, TMB applies regulations regarding the prevention of risks in the workplace, health and safety and the coordination of works.
Contracts and tenders prior to 9 March 2018
Tenders either initiated or at the implementation stage prior to 9 March 2018 will be governed by the Internal Contracting Instructions, which ensures that the contracts issued are compliant with general principles regarding publicity, concurrence, transparency, confidentiality, equality and non-discrimination. Consequently, these Internal Contracting Instructions will apply solely and exclusively to contracts and tenders prior to 9 March 2018.