Ordinarily, open procedures (tenders or auctions fully open to competition) and restricted procedures (tenders or auctions open only to a certain number of pre-qualified operators) are followed. In certain cases, it is also possible to conduct a negotiated procedure (in which certain clauses of the contract may be discussed and negotiated, as an exception to the obligation of open and restricted procedures) or a competitive dialogue (for the joint definition by the operators and the contractor of the technical and/or legal or financial hedging of a contract of high complexity). Direct award is possible for so- called minor contracts (below the economic thresholds determined by law).
Finally, Directive 2014/24/CE aggregates a new procedure called "innovation partnerships", that despite not being transposed yet, it is widely considered to have direct application. This new procedure is similar to the negotiated procedure but with some specialties.
Currently, Spanish laws contemplate the establishment of an electronic procurement in two phases. Notice publications, availability of tender documents and communications between public authorities and economic operators during the procurement process must be done by electronic means. However, contracting bodies are not obliged to allow the submission of the offer electronically until October 2018. Nonetheless, if a contracting body has already implemented this electronic register, operators are obliged to submit the offer by it.
In relation to the above, contract notices are electronically published in the corresponding Official Journal (e.g. BOE/EU) and on the buyer profiles of the contracting authorities (e.g. Institut Català de la Salut)
Some examples:
- BOE: https://www.boe.es/boe/dias/2017/03/31/index.php?d=77&s=5
- Ajencia Tribitaria: http://www.agenciatributaria.es/AEAT.internet/Inicio/La_Agencia_Tributaria/Perfil_del_contratante/Perfil_del_contratante.shtml
- Institut Català de la Salut: https://contractaciopublica.gencat.cat/ecofin_pscp/AppJava/notice.pscp?reqCode=searchCn&idCap=204588)
- Correos: http://www.correos.es/ss/Satellite/site/pagina-perfil_contratante/sidioma=es_ES
- Adif: http://www.adif.es/es_ES/empresas_servicios/licitaciones/licitaciones_en_curso.shtml
Yes, it is possible where no responsive or compliant offers have been submitted and due to abnormally low values (applicable to price and to other parameters), when so specifically provided in advance in the set of tender specifications.
Furthermore, bidders are only allowed to submit one bid for each procurement procedure. Neither may they endorse any proposal from a bidder consortium if they have already submitted one, either individually or with another bidder consortia. The infringement of this rule implies the rejection of all proposals submitted.