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Royal Decree 814/2015, Of September 11, Which Approves The Regulation Of The Special Procedures Of Review Of Decisions On Contractual Matters And Organization Of The Central Administrative Court Of Contractual Resources.

Original Language Title: Real Decreto 814/2015, de 11 de septiembre, por el que se aprueba el Reglamento de los procedimientos especiales de revisión de decisiones en materia contractual y de organización del Tribunal Administrativo Central de Recursos Contractuales.

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TEXT

Law 34/2010 of 5 August, as a consequence of the need to incorporate into our legislation the content of the Resource Directives in the wording given by Council Directive 2007 /66/EC and the European Parliament, On 11 December 2007, it introduced amendments to the Law 30/2007 of 30 October on Contracts of the Public Sector and on the 31/2007 of 30 October on award procedures in the water, energy, transport and transport sectors. postal services. Among them, the creation of the Central Administrative Court of Contractual Resources is particularly relevant, as well as the recognition of the autonomous communities of creating similar bodies, all of which are attributed to the competition for know and resolve in their respective areas the resources, claims and issues of nullity that both laws regulate.

The working time of the aforementioned bodies and the procedures for redress or complaints has brought an experience with regard to its implementation and the most appropriate way to resolve the problems arising from the It is in the interest of collecting in a regulatory standard.

The purpose of this provision is precisely, in the light of this experience, to provide such bodies and those who may have recourse to them in the exercise of the defence of their interests or rights, of precise rules of action and concrete.

As a result, new provisions are incorporated into the composition of the Central Administrative Court of Contractual Resources, leaving for the autonomous communities, through the relevant rules, the development of of which the functioning of the bodies set up in their field shall be governed.

In which the Central Administrative Court of Contractual Resources is responsible, the General Secretariat is regulated as a body of assistance, in its double aspect of processing the procedures and leadership of the office of the Court, and the agreements to subscribe with the autonomous communities for the assumption of competence with respect to them.

With respect to the appeal procedure, they are subject to regulation in more detailed terms than those laid down in the law, most of their formalities, being of note, the application for interim measures and, in particular, the (i) a requirement for guarantees in order to respond to the damage which may arise from its adoption for the contracting authority or to the other tenderers, causes of inadmissibility, the calculation of time limits for the interposition of the appeal on the basis of the an act which is the subject of the measure, the practice of proof or the penalties for the use of the bad faith or fear.

Deserves special mention of the regulation that is made of the possibility to agree the compensation of damages, and allowing that through this way the corresponding economic compensation can be established to the parts for the costs in which they would have incurred as a result of the interposition of the appeal.

The regulation is also intended to regulate the general framework of the enforcement of the use of electronic means in relations with the Central Administrative Court of Contractual Resources. And this is in application of the provisions of the additional provision sixteenth in relation to the fourth final provision of the recast text of the Law on Public Sector Contracts, approved by Royal Legislative Decree 3/2011 of 14 November, which provide for the use of electronic means in administrative procurement and in Law 11/2007 of 22 June of electronic access of citizens to public services.

The latter allows to establish regulations for certain persons and entities to relate to the Administration only through electronic means. This provision has been the subject of a wide regulation in Royal Decree 1671/2009 of 6 November 2009, which partially develops Law 11/2007 of 22 June, in accordance with Article 32 of the Law, which can be established by Ministerial Order.

Despite the possibility of such a regulation by ministerial order, it is considered appropriate to include in this regulation the rules of the highest legal entity in order to preserve the necessary unity of the text that regulates the procedure. In addition, the guarantee of the right of defence of the appellants is also safeguarded in the best possible way.

With regard to the notifications to be made by the Central Administrative Court of Contractual Resources, the system of electronic steering regulated in Order PRE/878/2010 of 5 April 2010, which is the subject of a system of the scheme of the said system provided for in Article 38.2 of Royal Decree 1671/2009 is established. In this way, all those forced by this royal decree to be notified by electronic means, know that in the electronic address that they already have enabled to receive communications and administrative notifications, they will receive from now that they are sent as a result of the interposition of a resource, claim or question of nullity.

In this sense, it has been taken into account that the State Tax Administration Agency, pursuant to the provisions of Royal Decree 1363/2010 of 29 October, has already, in a mandatory and prior notification, incorporated individualised, to all limited liability and limited liability companies, to the "Enabled Electronic Address" system, so it is guaranteed that all of them access the electronic mailbox enabled for this purpose.

Without a doubt, electronic processing represents an instrument of great utility in order to be able to fulfill the final purpose of the reform introduced by Law 34/2010 of 5 August. It provides for a period of time for the processing of the appeal procedure, the fulfilment of which can only be ensured in an effective way by the use of electronic means in the submission of documents and documents, in the referral of the procurement files and, in general, in the communications and notifications.

Regardless of the above considerations, the regulation is designed for application to the Central Administrative Court of Contractual Resources and to the remedies, claims and nullity issues within the jurisdiction of the Court of Justice. of the sphere of action of the General Administration of the State and of the contracting authorities integrated or dependent on it or those of those autonomous communities which have attributed to it the competence to resolve the resources. However, it should not be lost sight that this is a norm through which the development of part of those contained in the recast text of the law of public sector contracts is carried out and that they have the basic consideration of In accordance with the provisions laid down in its final provision, second, those which affect the procedure, as well as those contained in this Regulation, should be regarded as such. That is precisely why the additional provision first states that the terms of reference to the various organs of the State throughout their articles must be understood as also to those of each autonomous community.

One last issue should be mentioned. This royal decree, reported by the Advisory Board of Administrative Contracting of the State in accordance with the additional provision of Royal Decree 1098/2001 of October 12, is part of the general regulatory development of the Regulation of public procurement contained in the sixth final provision of the recast text of the law on public sector contracts, of which it is but an anticipation arising from the desirability of speeding up its approval with a view to to give a solution to issues which by their nature do not allow for further delay in their regulation.

In its virtue, on the proposal of the Minister of Finance and Public Administrations, in agreement with the State Council, and after deliberation by the Council of Ministers at its meeting on September 11, 2015,

DISPONGO:

Single item. Adoption of the Regulation.

The regulation of the special procedures for the review of decisions on contractual matters and the organization of the Central Administrative Court of Contractual Resources is

.

Single end disposition. Entry into force.

The present royal decree and the regulation which it approves will enter into force in the month of its publication in the "Official State Gazette".

Given in Madrid, on September 11, 2015.

FELIPE R.

The Minister of Finance and Public Administrations,

CRISTOBAL MONTORO ROMERO

REGULATION OF SPECIAL PROCEDURES FOR THE REVIEW OF DECISIONS ON CONTRACTUAL MATTERS AND ON THE ORGANISATION OF THE CENTRAL ADMINISTRATIVE COURT OF CONTRACTUAL RESOURCES

INDEX

Chapter I. General provisions.

Article 1. Object.

Article 2. Legal framework.

Chapter II. Central Administrative Court of Contractual Resources.

Article 3. Composition of the Central Administrative Court of Contractual Resources.

Article 4. Sections.

Article 5. Replacement of headlines.

Article 6. Duties of the members of the Court.

Article 7. Independence and responsibility of the members of the Court.

Article 8. Assistance and adoption of agreements.

Article 9. Minutes of the sessions.

Article 10. Attribution of competence by Autonomous Communities and Cities.

Article 11. Competent bodies for the resolution of special procedures for the review of local authorities.

Chapter III. Procedure.

Section 1. General Provisions.

Article 12. Language of the procedures that are the responsibility of the Central Administrative Court of Contractual Resources.

Article 13. Accumulation.

Article 14. Communications and notifications.

Article 15. Deadline for the procedure to be resolved.

Article 16. Access to the procurement file.

Section 2. First Interposition of the Special Resource, Claim and Question of Nullity.

Article 17. Presentation to the contracting authority.

Article 18. Place of presentation.

Article 19. Period of interposition: Specific cases.

Article 20. Submitting documents with copy.

Article 21. Effects of interposition.

Section 3 Procedure Requirements.

Article 22. Admission requirements.

Article 23. Inadmission of the resource.

Article 24. Special cases of legitimization.

Section 4. Interim Measures.

Article 25. Provisional measures.

Article 26. Guarantees.

Article 27. How to constitute guarantees.

Section 5. Instruction.

Article 28. Referral of the file.

Article 29. Submission of the file and allegations.

Article 30. Test.

Section 6. Resolution.

Article 31. Resolution.

Article 32. Clarification of resolutions.

Article 33. Compensation for damages.

Section 7. Post-Resolution Acts: Execution

Article 34. Location of the parties to the organs of the Administrative Dispute Jurisdiction.

Article 35. Return of documents.

Article 36. Enforcement of the resolutions.

Article 37. Cancellation, return and execution of guarantees.

Chapter IV. Use of electronic means.

Section 1. Use of Electronic Media.

Article 38. Electronic processing of the resource, claim or question of nullity.

Article 39. Technical conditions and requirements of the procedure

Section 2. Electronic Notifications

Article 40. Electronic processing of notifications.

Article 41. Persons and entities obliged.

Additional disposition first. Adaptation to the organs of the autonomous communities.

Additional provision second. Publication of the documents in the Public Sector Procurement Platform.

Additional provision third. The Court's relations with the Public Sector Contracting Platform.

First transient disposition. Procedures in progress.

Second transient disposition. Electronic processing.

Final disposition first. Competence title.

Final disposition second. References to the special appeal, complaints, nullity matters, contracting authorities and contracting entities.

Final disposition third. Enabling rules on the use of electronic, computer or telematic means.

CHAPTER I

General provisions

Article 1. Object.

This Regulation is intended to:

(a) The establishment of the rules governing the constitution, composition and legal status of the Central Administrative Court of Contractual Resources.

b) The development of the regulation of the procedure of the special resource in matters of procurement contained in Book I, Chapter VI, of the recast text of the Law of Public Sector Contracts approved by Royal Decree Regulation No 3/2011 of 14 November 2011 on claims under Title VII of Law 31/2007 of 30 October 2007 on procurement procedures in the water, energy, transport and postal services sectors, as well as on issues of nullity regulated in both laws.

c) The regulation of the use of electronic means in the processing of the procedures referred to in the previous paragraph and whose competence corresponds to the Central Administrative Court of Contractual Resources, including notifications, communications, and access to them.

Article 2. Legal framework.

1. The Central Administrative Court of Contractual Resources shall be governed by the provisions of the recast of the Law on Public Sector Contracts and the rules of this Regulation. The provisions of Law No 30/1992 of 26 November of the Legal Regime of Public Administrations and of the Common Administrative Procedure shall be applicable as far as they are not expressly provided for therein.

2. The remedies, complaints and nullity issues brought under the provisions of the recast of the Law on Public Sector Contracts or Law 31/2007 of 30 October will be governed by the provisions of the Law on Public Sector Contracts and the rules of the This Regulation. The provisions of Law 30/1992, of 26 November, will apply in the absence of some and others.

3. The courts or administrative bodies set up by the autonomous communities to resolve the procedures referred to in this Regulation shall be governed by the rules of establishment and development approved by them in respect of the organisation, constitution and operation.

CHAPTER II

Central Administrative Court of Contractual Resources

Article 3. Composition of the Central Administrative Court of Contractual Resources.

1. The Central Administrative Court of Contractual Resources, which will be based in Madrid, will be composed of the President, the Vocals and the Secretary General.

2. The President and the vowels shall be appointed by agreement of the Council of Ministers, on a joint proposal of the Ministers of Finance and Public Administrations and of Justice, among officials who meet the requirements established for each of the Article 41.1 of the recast text of the Law on Public Sector Contracts.

The proposal to the Council of Ministers will be made upon a call by the Ministry of Finance and Public Administration to be published in the "Official State Gazette." It shall specify the requirements to be met by those who aspire to be appointed to cover each of the posts called.

3. The Secretary-General shall be appointed from among career officials of bodies and scales to which he/she is accessed with a degree of degree or degree, with particular value for his/her knowledge and experience in the field of public procurement. The appointment of the Secretary-General shall be made in accordance with the terms of the Civil Service regulatory legislation.

Article 4 Sections.

1 The Central Administrative Court of Contractual Resources consists of the President, two vowels and the Secretary General. Where the volume of matters subject to their knowledge so requires, the number of vowels shall be increased by Royal Decree.

2. Sections may be set up, attributing to them the knowledge of the cases according to the criterion of distribution that is considered most appropriate. The Sections shall be chaired by the President of the Court himself, who may delegate the exercise of the function to one of the members of the Section, consisting of one or more members and the Secretary-General.

3. The President shall establish by agreement the creation, composition and deletion of the Sections, the allocation of powers between them and the full and the distribution of matters between the Sections.

Article 5. Replacement of headlines.

In cases of vacancy, absence or illness, the President of the Court will be replaced by the most senior vowel in the Court, and of greater age, by this order. In cases of vacancy, absence, or illness affecting one of the vowels, the President may assign his or her affairs to another vowel.

Article 6. Duties of the members of the Court.

1. The President of the Court shall perform the functions of an organic and functional management and shall be the chief officer of all staff, without prejudice to the functions which, as the head of the Court's office, correspond to the Secretary-General.

2. It shall be for the members to deliberate and to propose the resolutions and other agreements to be adopted in the procedure as well as those other tasks expressly assigned to them by the President.

3. It is for the Secretary-General to address and coordinate the Office of the Court, the impetus of the proceedings, to ensure the execution of the decisions taken and all the tasks entrusted to it by the Court of Justice. President. It also corresponds to the functions of the Secretariat of the Court and of the Sections as a collegiate body.

Article 7. Independence and responsibility of the members of the Court.

The members of the Tribunal shall exercise in full independence and under their responsibility the functions they have legally attributed to them.

Article 8. Assistance and adoption of agreements.

1. All members of the Court are required to attend the sessions to which they are called and to participate in the deliberations necessary for the adoption of agreements or resolutions.

2. The agreements shall be adopted by the majority of the members of the Court, with a vote of the President's quality in the case of a tie. The Secretary-General shall attend the sessions with a voice but no vote.

3. Outside the grounds of abstention provided for in Article 28 of Law No 30/1992 of 26 November 1992, of the Legal System of Public Administrations and of the Common Administrative Procedure, none of the assistants may abstain from voting and the which the majority may decide to vote in writing within 48 hours. The particular vote shall be incorporated into the file and the resolution of the appeal.

Article 9. Minutes of the sessions.

1. Minutes shall be drawn up of all the sittings held by the Court or its sections. It shall indicate the date on which the sitting, the assistants, the place, the duration of the sitting, the resources examined, the outcome of the votes and the meaning of the resolutions and the other agreements adopted are held.

2. The minutes shall be approved at the same or later sitting, shall be signed by the Secretary-General with the approval of the President and shall be kept as numbered in the Secretariat of each collegiate body.

3. Together with the minutes of each session, the original of the resolutions adopted in it will be archived.

Article 10. Competition for the autonomous communities and cities of Ceuta and Melilla.

1. The autonomous communities, as well as the autonomous cities of Ceuta and Melilla, may attribute to the Central Administrative Court of Contractual Resources the competence to resolve all the special resources in the field of recruitment against acts of the autonomous community or city and of the bodies and entities dependent on it, and shall also cover claims which are brought in accordance with the provisions of Article 101 of Law 31/2007 of 30 October 2007, as well as the questions of nullity in relation to all of them.

2. Such allocation shall be formalised by the subscription of the relevant agreement with the Ministry of Finance and Public Administrations, in which the economic compensation to be established, the period for which the allocation is made, shall be recorded. and other conditions thereof, with particular reference to the rules of transitional law for the implementation of the convention.

The signed agreement must be published in the "Official State Gazette" and in the Official Journal of the Autonomous Community or City.

3. This attribution of competence must be mentioned in any case in the specification of particular administrative clauses or similar content document, referring to the Central Administrative Court of Contractual Resources as an organ before which the resources and the agreement concluded with the Ministry of Finance and Public Administrations should be brought into effect.

4. As the control and monitoring body of the Convention, a Joint Committee on Joint Composition will be set up, which will be entrusted with the supervision of compliance with the provisions of the Convention and will resolve doubts as to its interpretation. might be raised.

The commission shall meet in the terms provided for in the agreement and in any event, provided that it is requested by one of the parties.

The action of the commission shall be governed by the rules of incorporation and action of the collegiate bodies provided for in Law 30/1992, of 30 November, of the Legal Regime of Public Administrations and of the Procedure Common Administrative.

Article 11. Competent bodies for the resolution of special procedures for the review of local authorities.

1. In the event that there is no express provision in the autonomous legislation, the competence to know of the special resources in matters of recruitment, complaints and questions of nullity of the local corporations will correspond to the same administrative authority to which the autonomous communities, on whose territory they are integrated, have attributed it.

This jurisdiction shall relate to all special resources in the field of recruitment and questions of nullity brought against acts of the local corporation and bodies and entities dependent on it, and shall also cover the complaints that are brought in accordance with the provisions of Article 101 of Law 31/2007 of 30 October 2007, as well as the questions of nullity in relation to all of them.

2. This competence must be mentioned in any case in the specification of particular administrative clauses or similar content document which it does at times, identifying the body to which the resources, complaints and complaints are to be brought issues of nullity.

CHAPTER III

Procedure

Section 1. General Provisions

Article 12. Language of the procedures that are the responsibility of the Central Administrative Court of Contractual Resources.

1. The documents and documents of any kind addressed to the Central Administrative Court of Contractual Resources that are submitted by those interested in the procedures that are the subject of this Regulation, must be written in Spanish. If they are in one of the official languages, they must be accompanied by the translation into Spanish.

2. The filing of written documents and documents of any kind in foreign languages shall not produce any effect before the Tribunal if they are not accompanied by the corresponding translation into Spanish with the legally enforceable requirements.

3. In any case, the documents and documents must be signed by the interested parties. The lack of presentation of the translation into Spanish may be remedied in the terms of Article 44.5 of the recast of the Law on Public Sector Contracts or in 104.5 of Law 31/2007, of October 30.

Article 13. Accumulation.

1. The accumulation of two or more resources may be agreed at any time prior to termination, either on its own initiative or at the request of the appellant or any interested party in the proceedings.

2. Against the agreement of cumulation or against that of their refusal, which shall be reasoned, the interposition of any appeal shall not be applicable.

Article 14. Communications and notifications.

1. Communications and the exchange of documentation between the competent bodies for the resolution of the resources and the contracting authorities shall be made by electronic means.

Only those cases where the contracting authority lacks the appropriate means to do so shall be excepted.

2. Notifications to the appellants and other interested parties to the appeal proceedings shall be made by the means laid down in Law No 30/1992 of 26 November 1992, without prejudice to the provisions of Article 38 et seq. Regulation.

In any event, where the appellant and other interested parties have admitted the notifications by computer, electronic or telematic means during the processing of the award procedure, in the event that they have (i) the information provided for in the procedure for the resolution of the appeal shall be made by such means.

Article 15. Deadline for the procedure to be resolved.

After two months from the date of the appeal without notification of its decision, the person concerned may consider it to be dismissed for the purposes of bringing an action. administrative-litigation.

Article 16. Access to the procurement file.

1. If the person concerned wishes to examine the recruitment file prior to the application of the special appeal, he must apply to the contracting authority, which shall have the obligation to make it manifest without prejudice to the limits of the confidentiality laid down in Articles 140 and 153 of the recast text of the Public Sector Contracts Act.

The application for access to the file may be made by the persons concerned within the time limit of the special appeal, and the contracting authority must provide access within five working days of receipt of the request. the request.

2. Failure to comply with the provisions of the previous paragraph by the contracting authority shall not exempt the parties concerned from the obligation to bring the special action within the time limit laid down in Article 4 (2) of the recast text. the Law on Public Sector Contracts. However, such non-compliance may be alleged by the appellant in his appeal with the effects set out in Article 29.4 of this Regulation.

Section 2. First Interposition of the Special Resource, Claim and Question of Nullity

Article 17. Presentation to the contracting authority

The filing of the interposition document with the contracting authority will also produce the effects of the notice of appeal.

Article 18. Place of presentation.

The special use in the field of procurement and the issues of nullity under the recast of the Law on Public Sector Contracts may only be filed in the register of the contracting authority or the body of the body. competent administrative authority to resolve them. The complaint of Article 101 of Law 31/2007 of 30 October and the matters of nullity under the Law cited may only be filed in the register of the administrative body competent to resolve them.

The filing in the post offices or in any administrative register other than those mentioned in the previous paragraph will not interrupt the filing deadline. In such cases, the appeal, the complaint or the question of nullity shall be understood to be interposed on the day on which they enter the register of the contracting authority or the administrative body responsible for resolving it, as appropriate.

However, when on the same day as the filing is sent to the administrative body competent to resolve it or to the contracting authority in its case copy of the document in electronic form, it shall be considered as the date of entry of the same, which corresponds to the receipt of the said copy.

Article 19. Period of interposition: Specific cases.

1. Where the appeal is lodged against the notice of invitation to tender, the time limit shall begin to be counted from the day following its publication in the Official Journal of the European Union, unless the law does not require it to be disseminated in this way. In the latter case, the time limit shall start from the day following the date of publication in the contracting profile of the contracting authority, and in the event that the latter date was not adequately accredited from the day on. following the date of publication in the "Official State Gazette" or, as appropriate, in the official or provincial official or regional newspapers, as appropriate.

2. Where the appeal is brought against the contents of the documents and other contractual documents, the calculation shall be initiated from the day following the day on which the call for competition has been published in legal form, in accordance with the provisions of the referred to in paragraph 1 of this Article, if the publication of the documents has been recorded in the Public Sector Procurement Platform or the place and form to be directly accessible to its content.

If not, the computation shall start from the day following that in which the same have been received or made available to the persons concerned for their knowledge. In the latter case, where such documents have been made available to the persons concerned only by electronic means, the time limit for recourse shall be taken from the date on which the submission of the documents is concluded. proposals, unless it has been established that they were known before that date. Where the time limit has not been made available to those concerned by electronic means, the time limit shall start from the day following that in which they were delivered to the appellant.

3. Where the act of exclusion of any tenderer from the award procedure is notified in advance to the act of award, the action against the exclusion shall be brought within 15 working days from the following date: the one in which the notification of the act of exclusion was received by the tenderer.

4. Where the notification is carried out by computer, electronic or telematic means, the reference shall be deemed to be made on the date on which the consignment has been produced.

5. Acts notified in compliance with the requirements laid down in Article 58.2 of Law No 30/1992 of 26 November 1992 shall be appealed within the time limits laid down in Article 44 (2) of the recast of the law on public sector and in this Article. This provision shall apply even if the contested act or judgment is not of the required statement of reasons in accordance with Article 54 of Law No 30/1992 of 26 November 1992 or Article 151.4 of the recast of the Law of Public Sector Contracts. As a result, even if the text of the resolution is not complete, it will not be considered defective and will be produced, without prejudice to the fact that the appeal can be founded in this circumstance.

On the other hand, if the notifications concerning the exclusion of a tenderer or the award of a contract contravene the requirements of Article 58.2 of Law 30/1992 of 26 November, the period shall begin to count from the moment when the data subject carries out actions involving knowledge of the content and scope of the notification or makes any appeal.

6. Where it is established that the person concerned has not been notified of the award agreement before 15 working days after his referral, the time limit for the appeal shall begin to be counted on the basis of the of the date on which you would actually have received it.

Article 20. Submitting documents with copy.

Those interested in the proceedings may ask for the return of the documents they submit together with the document of interposition or of the allegations accompanied by a copy, prior to the collation of the latter. The collated copy shall be incorporated into the file of appeal. Except for those documents whose characteristics give the Court's advice that the return is not effected until the appeal has been resolved.

Article 21. Effects of interposition.

1. Where the action is brought against the act of adjudication, the contracting authority shall immediately suspend the enforcement of the act if the appeal is brought before it or, in another case, as soon as the request of the Court is received to send the procurement file.

2. In the case provided for in the preceding paragraph, 30 working days after the special appeal has been lodged, the Court shall, on its own initiative, review the measure of suspension and may leave it without effect if new circumstances are met. so require.

3. In the case of batch procurement procedures, where the appeal is lodged with respect to the award of individual lots, the suspension shall only affect the lots which are the subject of a challenge.

Section 3 Procedure Requirements

Article 22. Admission requirements.

1. Only the use shall be made when the following requirements are met:

1. Competition to know the resource.

2. The Accreditation of Legitimacy and the representation of the appellant by means of power that is sufficient to that effect.

3. That the appeal relates to any of the contracts referred to in Article 40.1 of the recast text of the Public Sector Contracts Act.

4. º That the appeal is brought against any of the acts listed in Article 40.2 of the recast text cited.

5. º that the interposition is made within the deadlines provided for in article 44.2 of the same recast text.

6. The documents and requirements referred to in Article 44.5 of the recast text shall be accompanied by the document of interposition, without prejudice to the provisions regarding the possibility of subhealing.

2. Only the admission of the claim referred to in Article 101 et seq. of Law 31/2007, of 30 October, shall be made when the following requirements are met:

1. Competition to learn about the claim.

2. The Accreditation of Legitimacy and the representation of the appellant by means of power that is sufficient to that effect.

3. º That the claim relates to any of the contracts regulated in that Act.

4. The complaint is filed against any of the acts listed in Article 40.2 of the recast text of the Public Sector Contracts Act.

5. º that the interposition is made within the deadlines provided for in article 104.2 of the same Law.

6. In the case of contracts falling within the categories of Annex IIB of Law 31/2007 of 30 October, the claim against the act of award, the notices of invitation to tender, the documents, documents, documents, documents, contractual and previous acts of the procedure for the award of such contracts, unless the latter is intended to challenge the technical requirements of Article 34 of that Law.

3. In the terms provided for in Article 39.2 of the recast text of the Law on Public Sector Contracts, the competent body may not accept the question of invalidity where action has been taken in advance against any of the acts of appeal. in accordance with Article 40.2 of the recast text of the Public Sector Contracts Act, even if the contracting authority or the contracting entity had formalised the contract with a failure to comply with the expected time limit of the contract. Article 156.3 or the automatic suspension or the one agreed by the competent body for resolve the resource.

In such cases, the estimation of the appeal shall result in the nullity of the formalised contract, in accordance with the provisions of Article 35.1 of the recast text, with the effects specified in the same precept.

In the terms of Article 112.2 of Law 31/2007 of 30 October 2007, the competent body may not accept the question of nullity in the cases listed in Article 109.1 of Law 31/2007 of 30 June 2007. If, on the same procedure, a complaint has been lodged in the case that the assessment of the contract is to result in the declaration of nullity of the contract being concluded in breach of the provisions of the Articles 83.3, 103 and 104.6 of the above law.

Article 23. Inadmission of the resource.

The assessment of compliance with the requirements for the admission of the resource included in the previous article shall be for the Court.

Article 24. Special cases of legitimization.

1.Without prejudice to the general assumptions provided for in Article 42 of the recast text of the Public Sector Contracts Act and 102 of Law 31/2007 of 30 October, the resources regulated in this Regulation may be brought by the associations representing interests related to the subject-matter of the contract which is contested exclusively when they are for the defence of the collective interests of their associates.

2. In the event that a number of undertakings are invited to tender under the undertaking to constitute temporary union of undertakings in the event that they are awarded the contract, any of them may bring the action, provided that their rights or legitimate interests have been harmed or may be affected by the decisions which are the subject of an appeal.

If any of the undertakings that have signed the undertaking do not wish to bring the action, it may be referred to the Court at any time in the proceedings before the decision. In such a case, it shall not be held for comparison in the same and in the event that the Court agrees to impose a fine for fear or bad faith, in accordance with the terms of Article 47.5 of the recast of the Law on Sector Contracts. Public, the same shall only be payable to the recurring entity or entities.

3. The interposition of the appeal on behalf of legal persons of any kind shall require sufficient powers to do so.

4. They are entitled to bring special action, in accordance with the provisions of Article 63 of Law 7/1985 of 2 April of Bases of the Local Regime, members of the local authorities who have voted against the acts and agreements contested.

Section 4. Interim Measures

Article 25. Provisional measures.

1. Outside the cases of the automatic suspension provided for in the laws, the Court may give a reasoned agreement to the adoption of provisional measures, including the suspension of the procedure, both at the request of the appellant and on its own initiative. In the latter case, it shall, in advance, give a hearing in relation to the adoption of the measures to the contracting authority, giving it a period of two working days to express its conformity or its opposition.

2. Decisions by agreeing to suspend or lifting them as well as those agreed upon by any other interim measure shall be notified to the contracting authority and to the appellant on the same day as they are issued. Upon receipt of the notification, if the suspension is agreed upon, the contracting authority shall take it immediately.

If any other interim measure is to be taken, it shall be adopted within the time limit set by the Court in its decision.

3. The Court may agree to the amendment or revocation of a provisional measure where there are duly justified circumstances that advise such action.

4. The provisions of this Article shall also apply where the provisional measure is requested either prior to or after the appeal is lodged.

Article 26. Guarantees.

1. Where, in accordance with Article 43.3 of the recast text of the Public Sector Contracts Act, or 103.3 of Law 31/2007, of 30 October, the Court agrees to the adoption of the provisional measures at the request of the appellant. or a claimant may make the effectiveness of such a guarantee conditional upon the lodging of a security to answer for the damages which may arise from its adoption for the body or entity which is the author of the act appealed against or for any of the persons concerned. award.

2. In such a case, the same agreement in which it is adopted shall fix the amount of the security and the time limit for establishing it, which shall not exceed 10 working days.

The amount of the guarantee shall be set at five per cent of the contract tender budget if the award has not yet been made and the amount of the contract is otherwise, unless it is justified by the the liability in which the applicant for the interim measure is likely to incur a lower or higher amount. In the case of an award procedure in which there is no tender or award budget, the Court shall fix the amount of the guarantee, exclusively on the basis of the estimate of the possible damage.

In any case, for the calculation of the amount of the guarantee the corresponding share of the value added tax will not be taken into account.

Article 27. How to constitute guarantees.

1. The guarantees which are required for the adoption of interim measures shall be made available to the Court and shall, in the amount determined by it, be liable for any damage which may be caused by such measures, either to the organ of procurement as to the other parties involved in the award procedure.

2. Only the bank guarantee, the security insurance contract or the cash deposit or public debt securities of the State, constituted in accordance with the provisions in force and deposited in the General Deposit Box, shall be accepted as collateral. or in its branches in the Economy and Finance Delegations.

3. The Registry of the Court, after receiving the proof of deposit and verifying compliance with the requirements set out in the preceding paragraphs, shall declare the provisional measures agreed. Otherwise, after the period granted to the effect without them being constituted, they shall declare them decaying without effect.

4. Against decisions given by the Court in respect of guarantees, no recourse shall be made.

Section 5. Instruction

Article 28. Referral of the file.

1. The procurement file shall be submitted by electronic means wherever possible.

2. The complete and orderly procurement file shall be submitted, accompanied by an index of the documents it contains, including authentication diligence. A list of the participants in the invitation to tender must be added to the tax identification number. In the case of temporary joint ventures, the tax identification numbers shall be included for each of the entities which, at the time, are to be constituted.

The file shall include documents declared confidential by the tenderers, stating their confidential nature in the index and at the place of the file in which the documents are located.

3. Where, in the judgment of the Court, the documentation received is incomplete or has been omitted from a background relevant to the decision of the case, it shall require the body or entity which is the author of the contested act to complete the file within the time limit. of the following two business days.

4. The contracting authority shall accompany the file with a report on the processing of the case, with the arguments which it considers appropriate both in respect of the provisional measures if they were requested and in respect of the substance of the question raised.

5. If the contracting authority has requested the file or the documentation to complete it, the contracting authority shall not refer them within the time limits laid down in law or in regulation, the Registrar of the Court shall reclaim them. After two working days without having received them, it shall be made clear to the appellant that he or she considers appropriate to his right in respect of this incident and provides the documents deemed appropriate for the resolution of the appeal or claim within five working days.

Concluded this period will continue the procedure in accordance with the legally established procedures, without prejudice to the liability in which the persons to whom the referral of the file of the procurement, which shall be required, in the case of personnel serving a public administration, in the terms laid down in the additional decision of the recast text of the Public Sector Contracts Act.

Article 29. Submission of the file and allegations.

1. The submission of the file to the other interested parties in the award procedure for making claims shall be made by the Registrar of the Court for a period of five working days in accordance with the provisions of the Articles 46.3 of the recast of the Law on Public Sector Contracts and 105.3 of Law 31/2007 of 30 October.

2. Interested parties may take all necessary notes to make their claims and request copies or certificates of documents contained in the file which are indispensable for exercising their right of defence, which shall be issued by the Secretariat provided that the means available allow it and the effectiveness of the operation of public services is not affected.

The Secretariat shall not be obliged to accept any generic application for the issue of copies.

3. Where the appellant has applied for the procedure provided for in Article 16 of the file and the contracting authority has refused it, the Court shall, in the light of the arguments put forward in the written procedure and of the report of the (a) the contracting authority may grant the appellant access to the procurement file at its offices, prior to the processing of claims, and for a period of five working days, in order to complete its appeal, granting in this case a two working days for the contracting authority to issue the relevant report and five days (a) to the other interested parties who have appeared in the proceedings to make representations.

Article 30. Test.

1. The application for the test must be made in the application, if the appellant requests it, and in the case of allegations where it is requested by any of the other interested parties. If the application is made by the body responsible for the act, it must be made in the report accompanying the procurement file.

The test practice request should be formulated in concrete terms by identifying the extremes to which you should be and the person or persons proposed to practice it.

2. The Court at any time before the decision of the appeal may agree on its own motion or at the request of the parties concerned with the practice of the test.

Agreed on the practice of the test, it must be notified to the persons concerned in the appeal within five working days from the date on which the Court agrees to open the probationary period, indicating, where appropriate, the place, date and time of their practice.

3. The costs arising from the practice of the test shall be borne by the applicant, without prejudice to the provisions of Article 33 of this Regulation.

4. Against any decision taken in connection with the practice of the test, no recourse shall be made, without prejudice to the possibility of claiming that it is being refused as the basis of the administrative dispute.

Section 6. Resolution

Article 31. Resolution.

1. The decision to be taken in the appeal proceedings shall decide on all the questions and causes of inadmissibility arising from the instruction of the proceedings, whether or not they shall be held, without prejudice to the provisions of Article 47 of the recast of the Public Sector Contracts Act.

The resolution will also express the resources that may be brought before it, the organs before which they should be presented and the time to be brought in.

2. Where the Court finds that the action of the appeal is concerned with a fear or bad faith, it shall agree in the judgment that the imposition of a financial penalty is imposed on the appellant in accordance with the terms of Article 47 (5) of the recast text of the Law on Public Sector Contracts, justifying the causes that motivate the imposition and the determining circumstances of its value.

The imposition of fines on the appellant will only proceed in the event that the claims made in the appeal have been totally dismissed.

3. In addition, in the resolution, the lifting of the automatic suspension of the procedure or the provisional measures agreed shall be agreed.

In the latter case, if the provision of guarantees to respond to the damages arising from its adoption had been required and the resolution was fully estimatory, it would order its cancellation.

When the decision is partially estimatory or disestimatory, the Tribunal shall refrain from making a statement on the cancellation of the guarantees, limiting itself to defer the procedure provided for in paragraphs 2 and 3. of Article 37.

Article 32. Clarification of resolutions.

If the contracting authority or any of the interested parties in the appeal procedure which has appeared in it, considers that the resolution contains some obscure concept or material error, it may request clarification or rectification in the register of the Court within three working days of receipt of its notification.

The Court shall rule on the requested clarification or rectification within the working day following that in which it was received.

Article 33. Compensation for damages.

The Court, in the case of an estimate of the action, may, at the request of the appellant, assess in its judgment the damages resulting from the action of the contracting authority by fixing the compensation to the to satisfy them. Compensation damages may include the costs necessarily incurred by the intervention in the appeal proceedings, including those arising from the probationary practice. In any case, it must be real, effective and economically measurable damage and damage.

Section 7. Post-Resolution Acts: Execution

Article 34. Location of the parties to the organs of the Administrative Dispute Jurisdiction.

When an administrative dispute is brought against a decision of the Court, that, once the diligence of the judicial body has been received by reclaiming the administrative file, it will proceed to the appearance of the court for its appearance. in the Chamber corresponding to the contracting authority responsible for the act which was the subject of the appeal and the other parties to the proceedings.

The location indicated in the preceding paragraph shall be made in the manner provided for in Article 49 of Law 29/1998 of July 13, the regulator of the Jurisdiction-Administrative Jurisdiction.

In the case of resolutions issued on the basis of the agreements signed under the provisions of Article 41.3 of the recast of the Law on Public Sector Contracts, the communication cited in the previous paragraph shall make the partners designated in the respective conventions.

Article 35. Return of documents.

Once the procedure has been completed and the resolution is signed, unless the procedure is processed in full by electronic means in the terms of Chapter IV of this Regulation, the Court Registry will agree to the return the persons concerned to request it from the documents provided by them to the proceedings, leaving the file duly collated.

Article 36. Enforcement of the resolutions.

1. Decisions ending the appeal procedure shall be enforced by the contracting authority responsible for the act under appeal, subject to strict application of its terms.

If the resolution agrees to cancel the tender procedure, in order to be able to award the contract, the contracting authority must call for a new tender. Where the procedure is applied retroactively, the annulment of formalities ordered by the Court shall not preclude the validity of those acts and formalities which have remained the same as the content of the procedure. violation.

2. Where the decision agrees to impose a penalty on the appellant, the payment must be made by the obligation within the time limits laid down in Law 58/2003 of 17 December, General Tax on the collection of voluntary periods. To this end, together with the resolution imposing the fine or the compensation, the corresponding debt entry document shall be accompanied.

3. Incidents involving the persons concerned in connection with the enforcement of the decision shall be settled by the Court after hearing the parties concerned.

To this end, received the letter of the incident, the Tribunal will give the same, with the documentation accompanying it, to the interested parties so that, within ten working days, they can allege how much they estimate appropriate.

Evacuated the previous procedure or, if appropriate, after the deadline for this, the Court will resolve the incident within five working days.

Article 37. Cancellation, return and execution of guarantees.

1. The guarantees constituted to answer the damages that could derive from the adoption of provisional measures at the request of the appellant will be without effect and will be cancelled, if the resolution of the resource is totally estimatory.

In such a case, the Secretariat shall agree to its cancellation by giving the person concerned the relevant agreement, or if it so requests, by sending it directly to the General Deposit Box for the purposes provided for in its Rules of Procedure.

2. Where the decision is partially estimated or out of order, the Secretariat shall only agree to the return of the guarantee once it has been found that there are no responsibilities for it.

To this end, it shall require the contracting authority which has issued the contested act and the other interested parties to appear in the proceedings so that within a period of 15 working days from the following date of receive the notification, indicate in writing if they have suffered damage and the amount in which they are encrypted.

The previous document will be transferred to the appellant so that, in the same time as the previous one, he will make the allegations that he considers relevant.

If none of them has made any claim for damages, the Secretariat shall agree to the return of the guarantees without further processing, proceeding as provided for in the second subparagraph of paragraph 1.

In another case and in the light of the written submissions, the Secretariat will propose to the Tribunal the resolution that the claim of damages should be issued. The Court must take account of the fact that the damages claimed are directly derived from the adoption of the provisional measures, if they are economically evaluable and if the amount in which they are assessed corresponds to the damage actually incurred. produced. If the resolution considers it appropriate to recognise the right to compensation, it must be quantified.

3. The Registrar of the Court shall notify the appellant of the compensation by giving him a period of one month to make the payment of the amount of the same to the body responsible for managing the treasury in the administration. corresponding.

After the previous period without the payment having been made, the Secretariat shall agree to the execution of the guarantee, following the procedure laid down in the Regulation of the General Deposit Box approved by Royal Decree 161/1997 of 7 February.

If the guarantee is not sufficient to cover the full amount of the compensation, the remainder will be required in accordance with the General Rules of Collection approved by Royal Decree 939/2005, of 29 July.

4. In those cases where the payment of the compensation is to be agreed in favour of a particular person, the authority responsible for managing the treasury in the relevant administration, once entered by the appellant, shall pay the latter to the holder the purpose of which shall be the recognition of the obligation, the decision of the Court.

CHAPTER IV

Using Electronic Media

Section 1. Use of Electronic Media

Article 38. Electronic processing of the resource, claim or question of nullity.

1. The processing of the pleadings of appeal, the arguments of the interested parties and other pleadings to be submitted to the Court, as well as the communications and notifications to be made in the proceedings, the referral of the file and the consultation of the state of handling of the resolution and any other procedures necessary for the conduct of the procedure shall be carried out by electronic means.

2. By way of derogation from the foregoing paragraph, the processing in support of the procedure shall be admissible for those cases where the persons concerned justify to the Court their inability to access the electronic processing of the same.

Article 39. Technical conditions and requirements of the procedure.

1. In accordance with the fourth final provision of the recast of the Law on Public Sector Contracts, the technical conditions and requirements for electronic processing of the procedure will be regulated by the Order of the Minister of Finance and Public Administrations, in which the rules contained in the additional 16th provision of the recast text of the Public Sector Contracts Act will be complied with.

2. The electronic means to be used in the procedure, the technical specifications and the forms which, where appropriate, are to be used, as laid down in the Ministerial Order governing the electronic processing of the procedure, shall be available at the electronic headquarters of the Central Administrative Court of Contractual Resources.

3. The identification and authentication of those interested in the procedure may be carried out, according to the characteristics of the processing concerned, by any of the electronic communication systems established in the recast of the Law of Public Sector Contracts or, where applicable, in Law 11/2007, of 22 June, of electronic access of citizens to public services.

The conditions and requirements for each action of the appeal procedure shall be specified in the Ministerial Order referred to in paragraph 1 of this Article.

4. The Ministerial Order regulating the electronic processing of the procedure shall provide for the mechanisms through which the filing of the file shall be made by electronic means.

Section 2. Electronic Notification

Article 40. Electronic processing of notifications.

1. The notifications to be made by the Central Administrative Court of Contractual Resources to the appellants and other persons interested in the procedure laid down in this Regulation shall be made by electronic means, in accordance with the provisions of the Article 41.

2. Under the terms of Article 41 of this Regulation, the Central Administrative Court of Contractual Resources shall make the notifications by way of accession to the electronic notification system governed by the Order. PRE/878/2010 of 5 April 2010 establishing the system of the electronic steering system provided for in Article 38.2 of Royal Decree 1671/2009 of 6 November 2009 or by any other means of electronic communication in the terms set out in the recast text of the Public Sector Contracts Act.

3. The notifications made by the Court shall be deemed to be rejected if, after five working days from the date of the certification that they have been received, their content has not been accessed.

Article 41. Persons and entities obliged.

1. The commercial companies, both public limited companies and limited liability companies, as well as the other legal entities already required by the Tax Agency in Article 4.1 of Royal Decree 1363/2010, of 29 October, to receive the communications and notifications through electronic address enabled, participants in a procurement procedure which can be brought before the Central Administrative Court of Contractual Resources, will receive the notifications which, in your case, you need to move the Court, through the electronic address enabled or by any other means of electronic communication in the terms set out in the recast text of the Public Sector Contracts Act.

2. Notifications may also be made through the electronic address enabled to those individuals who have expressly accepted it.

Additional disposition first. Adaptation to the organs of the autonomous communities.

Mentions that in the basic regulations of this Regulation are made to the Central Administrative Court of Contractual Resources, as well as to the General Secretariat of the same or any other organs of the The General Administration of the State and the regulations governing it, shall be understood, in the field of the autonomous communities, to the resolutive organs, to the secretariat and other bodies that for this field establish the autonomy regulations corresponding.

Additional provision second. Publication of the documents in the Public Sector Procurement Platform.

The contracting authorities of the State public sector must publish the specifications of the individual administrative clauses and the technical specifications to govern the award of the contracts to which it refers Article 40.1 of the recast of the Law on Public Sector Contracts, in the Public Sector Contracting Platform.

Additional provision third. The Court's relations with the Public Sector Contracting Platform.

The contracting authorities of the state public sector will have to publish in their profile as a contractor, resident in the Public Sector Contracting Platform and with reference to each of the contracting procedures in the case of a contract, the special appeal procedure against any of the acts of the proceedings, the suspension agreed upon, where appropriate, and the decision to be taken in the proceedings.

The Public Sector Contracting Platform will provide the Central Administrative Court of Contractual Resources, upon request, with the data referring to the authentic accreditation of the publications or notifications that have been operated on the Platform, their dates and, where applicable, the amendments thereto.

In view of the technical and functional possibilities of the Public Sector Contracting Platform and the needs of the Central Administrative Court of Contractual Resources, the publication in the first of the information generated by the Court whose dissemination through it may be useful.

First transient disposition. Procedures in progress.

The procedures in progress will adapt their processing to the provisions of this Regulation from the entry into force of this Regulation without going back in the state of processing in which they will be found at such a time.

Second transient disposition. Electronic processing.

1. The rules governing the electronic processing of the procedure shall not enter into force in respect of the submission of the letters of appeal, complaints and questions of nullity until three months after the entry into force of the procedure. in force of this Regulation. In any event, the date on which the same must be produced will be disseminated by notices on the website of the Ministry of Finance and Public Administrations and the Central Administrative Court of Contractual Resources.

2. After the period referred to in the preceding paragraph and as long as the development by ministerial order provided for in Article 39 of this Regulation is not produced, for the electronic processing of the files, the lodging of the appeal, of the complaint or of the questions of nullity must be carried out through the general electronic form provided for in article 11 of the Order HAP/547/2013, of 2 April, for which the Electronic Register of the Ministry of Finance and Public Administrations.

Final disposition first. Competence title.

The provisions of this Regulation are basic rules issued under Article 149.1.18 of the Constitution, which gives the State the power to issue basic legislation on administrative contracts, without (a) prejudice to specialties arising from the own organisation of the autonomous communities, and are therefore of general application to all public administrations and contracting authorities which are dependent on them as referred to in Article 3 of the recast of the Law on Public Sector Contracts, with the exception of Articles 1 (a) and 1 (c), 2 (1), 3 to 10, 12, the last two paragraphs of Article 34 and Article 37, and Chapter IV on the use of electronic means, the second and third provisions, the provision Second transient and third final disposition.

Final disposition second. References to the special appeal, complaints, nullity matters, contracting authorities and contracting entities.

The references made in this regulation to the special resource in the field of contracting regulated in book I, Title I, Chapter VI, of the recast of the Law on Public Sector Contracts, should also be understood made, where appropriate, to claims under Title VII of Law 31/2007 of 30 October 2007, as well as to the issues of nullity governed by both laws.

Also, the references made in this royal decree to contracting authorities or contracting authorities should also be understood as being made to the contracting entities of Law 31/2007 of 30 October.

Final disposition third. Enabling rules on the use of electronic, computer or telematic means.

The Minister of Finance and Public Administrations are hereby authorized to approve by order the implementing rules which may be necessary to make the use of electronic, computer or telematic means fully effective. the processing of procedures under the jurisdiction of the Central Administrative Court of Contractual Resources.