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.

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-10304

Law 34/2010, of 5 August, as a result of the need to incorporate into our legislation the content of resources in the given drafting directives by Directive 2007/66/EC of the Council and the European Parliament, on December 11, 2007, introduced amendments in the law 30/2007 of 30 October, Public Sector contracts and the 31/2007 , 30 October, on procedures for procurement in the sectors of water, energy, transport and postal services. Among them it has special relevance the creation of the Central Administrative Court of contractual resources as well as the recognized possibility to the autonomous communities create similar bodies, all of which is attributed to the competition to meet and resolve in his respective field resources, claims and questions of nullity that both laws regulate.

The operating time of the above-mentioned bodies as well as the procedures of appeal or claim, has provided experience with respect to its application and the most appropriate way to solve the problems arising from it, are interested in collecting a regulatory standard.

The purpose of this provision is precisely in the light of this experience, provide such organs and those who have come to them in the exercise of the defence of their interests or rights, standards of performance precise and concrete.

As a result it incorporates new provisions on the composition of the Central Administrative Court of contractual resources leaving to the autonomous communities, through the relevant standards, development of which shall govern the operations of bodies in his field.

The corresponding to the Central Administrative Court of contractual resources regulates the General Secretariat as an organ of assistance, in its double aspect of handling procedures, head of the office of the Tribunal, and agreements to be signed with the autonomous communities for the assumption of jurisdiction over them.

With respect to the appeal proceedings, are subject to regulation in more detailed terms laid down in the law, the majority of its procedures, being noteworthy, the request for provisional measures and, in particular, the possible requirement of guarantees for damages arising from its adoption to the contracting authority or to the remaining bidders to respond causes of inadmissibility, the computation of time limits for the filing of the appeal according to the Act that is the subject of it, practice the test or sanctions by filing of the appeal with bad faith or recklessness.

Special mention deserves the regulation that is made of the possibility to agree on compensation for damages, and allowing that this via the corresponding financial compensation can be established parties along the coasts that would have had to incur as result of the filing of the appeal.

Also this regulation seeks to adjust the general framework for the establishment of mandatory use of electronic media in the relations with the Central Administrative Court of contractual resources. And in application of provisions in the sixteenth additional provision regarding final disposition the fourth text consolidated in the law of contracts from the Public Sector, approved by Royal Legislative Decree 3/2011, November 14, that provided for the use of electronic media in the administrative contracting and law 11/2007, of 22 June , electronic access of citizens to public services.

Precisely this last allows by regulation establish the obligation for certain individuals and entities interact with the management only through electronic means. Forecast that has been subject to extensive regulation in the Royal Decree 1671 / 2009, of 6 November, which develops law 11/2007, of 22 June, partially provided in article 32 that this obligation can be established by Ministerial order.

Despite the possibility of making such regulation by ministerial order, it is considered appropriate to include in this regulation standards of higher legal entity in order to preserve the necessary unity of the text governing the procedure. This helps, in addition, to safeguard the guarantee of the right of defence of the appellants in the best possible way.

With respect to notifications that should practice the Central Administrative Court of contractual resources, opted for e-mail enabled system regulated in the order PRE/878/2010, of April 5, which establishes the regime of the aforementioned system provided for in article 38.2 of the Royal Decree 1671 / 2009. Thus, all the required by the present Royal Decree to be notified electronically, know that in the e-mail address that already have enabled to receive administrative notifications and communications, they will receive from now which are sent to them as a result of the filing of an appeal, claim or question of invalidity.

In this sense has been taken into account that the State tax administration agency, on the application of the provisions of the Royal Decree 1363 / 2010, on 29 October, has incorporated already, compulsory and prior individualized notification, to all corporations and limited liability, "Enabled electronic address" system, so it is guaranteed that all access to the electronic mailbox enabled to this effect.

Without a doubt, electronic processing represents a useful instrument to be able to comply with the ultimate purpose of the reform introduced by law 34/2010 of 5 August. In effect, this provides very short deadlines for the processing of the appeal proceedings whose only compliance can be guaranteed effectively through the use of electronic media in the presentation of the writings and documents, in remission of hiring records and, in general, in communications and notifications.

Irrespective of the foregoing, the regulation is conceived for your application to the Central Administrative Court of contractual resources and resources, claims and issues of invalidity lodged within the sphere of action of the General Administration of the State and the contracting authorities integrated or dependent on it or in the autonomous communities that have attributed to this competition to solve the resources. However, not to be missed sight that this is a standard through which takes place the development on the part of those contained in the revised text of the law on public sector contracts and which of them have the consideration of basic in accordance with provisions in their second final provision affecting the procedure , so also those contained in this regulation should be considered as such. That is why the first additional provision establishes that mentions the different organs of the State throughout its articles must also be understood made to who it may concern of each autonomous community.

A last point should be mentioned. This Royal Decree, reported by the consultative meeting of administrative Contracting State in accordance with the first additional provision of the Royal Decree 1098 / 2001 of 12 October, is part of the overall regulatory development of regulating public procurement legislation contained in the sixth final provision of the consolidated text of the law on public sector contracts that it is not an advance for the desirability of accelerating its adoption in order to resolve issues which by their nature do not allow further delay in its regulation.

By virtue, on the proposal of the Minister of finance and public administration, in accordance with the Council of State and after deliberation by the Council of Ministers at its meeting of September 11, 2015, have: single article. Adoption of the regulation.

Approves the regulation of the special procedures of review of decisions on contractual matters and organization of the Central Administrative Court of contractual resources contained here.

Sole final provision. Entry into force.

The present Royal Decree and the regulation that is approved will take effect a month of its publication in the «Official Gazette».

Given in Madrid, on September 11, 2015.

PHILIP R.

The Minister of finance and public administration, CRISTOBAL MONTORO ROMERO rules of the procedures special of review of decisions in matter CONTRACTUAL and of organization of court administrative center of resources contractual index chapter i. General provisions.

Article 1. Object.

Article 2. Legal regime.

Chapter II. Central Administrative Tribunal of contract resources.

Article 3. Composition of the Central Administrative Court of contract resources.

Article 4. Sections.

Article 5. Replacement of holders.

Article 6. Functions of the members of the Court.

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

Article 8. Assistance and adoption of agreements.

Article 9. Records of meetings.

Article 10. Attribution of competence by the communities and autonomous cities.

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

Chapter III. Procedure.
Section 1 General provisions.

Article 12. Language of the proceedings that the Central Administrative Court of contract resources.

Article 13. Accumulation.

Article 14. Communications and notifications.

Article 15. Deadline for resolution of the procedure.

Article 16. Access to the file of contracting.

Section 2 filing of the special appeal, claim and issue of nullity.

Article 17. Submission to the contracting authority.

Article 18. Place of filing.

Article 19. Filing deadline: specific cases.

Article 20. Presentation of documents with a copy.

Article 21. Effects of interposition.

Section 3 of the procedural requirements.

Article 22. Requirements for admission.

Article 23. Inadmissibility of the appeal.

Article 24. Special cases of legitimization.

Section 4 provisional measures.

Article 25. Provisional measures.

Article 26. Warranties.

Article 27. Form constitute warranties.

5th instruction section.

Article 28. Referral of the dossier.

Article 29. Put manifest record and allegations.

Article 30. Test.

6th resolution section.

Article 31. Resolution.

Article 32. Clarification of resolutions.

Article 33. Compensation for damages.

Section 7 acts subsequent to resolution: implementation article 34. Location of the parties before the administrative litigation jurisdiction bodies.

Article 35. Return of documents.

Article 36. Enforcement of judgments.

Article 37. Cancellation, return, and enforcement of security.

Chapter IV. Use of electronic media.

Section 1 use of electronic media.

Article 38. Electronic processing of the appeal, claim or question of invalidity.

Article 39. Conditions and technical requirements of the procedure section 2 notifications electronic article 40. Electronic processing of notifications.

Article 41. Persons and obliged entities.

First additional provision. Adaptation to the bodies of the autonomous communities.

Second additional provision. Publication of the specifications in the Public Sector procurement platform.

Third additional provision. Relations of the Court with the platform of Public Sector procurement.

First transitional provision. Proceedings underway.

Second transitional provision. Electronic processing.

First final provision. Skill-related title.

Second final provision. References to the special appeal, claims, questions of nullity, contracting authorities and contracting entities.

Third final provision. Regulations enabling use of electronic, computer or telematic media.

Chapter I General provisions article 1. Object.

This regulation aims to: to) the establishment of the rules governing the Constitution, composition and status of the Central Administrative Court of contract resources.

(b) the development of the regulation of the procedure of the special resource procurement contained in book I, chapter VI, of the revised text of the Public Sector Contracts Act approved by Royal Legislative Decree 3/2011, of 14 November, claims regulated in Title VII of law 31/2007 of 30 October on procedures for procurement in the sectors of water, energy, transport and postal services, as well as issues of invalidity regulated in both laws.

(c) the regulation of the use of electronic media in the handling of the procedures referred to in the preceding paragraph and whose jurisdiction corresponds to the Central Administrative Court of contractual resources, including notices, communications, and access to them.

Article 2. Legal regime.

1. the Central Administrative Court of contractual resources will be governed by provisions of the consolidated text of the law of contracts in the Public Sector and by the rules of this regulation. In matters not provided for expressly in the provisions of law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure shall apply.

2. the appeals, claims and questions of invalidity filed under cover of consolidated text of the law on Public Sector contracts provisions or in the law 31/2007, of October 30, will be governed by these provisions and the rules of this regulation. In the absence of some and others shall apply the provisions of law 30/1992, of 26 November.

3. the courts or administrative bodies created by the autonomous communities to resolve the procedures referred to in this regulation, shall be governed by the rules of creation and development approved by them in relation to the Organization, formation and operation.

Chapter II article 3 contractual resources Central Administrative Tribunal. Composition of the Central Administrative Court of contract resources.

1. the Central Administrative Court of contractual resources, which will be headquartered in Madrid, will be made by the President, the members and the Secretary General.

2. the Chairman and the members shall be appointed by agreement of the Council of Ministers, a joint proposal of the Ministers of finance and public administration and justice, between officials who meet the requirements established for each of them in article 41.1 of the revised text of the law of contracts in the Public Sector.

The proposal to the Council of Ministers shall be prior announcement made by the Ministry of finance and public administration, to be published in the «Official Gazette». The requirements that will meet those who aspire to be appointed to cover each one of the summoned posts shall be specified therein.

3. the General Secretary shall be appointed from among career of bodies and scales which are accessed with title of degree or extent, valuing especially so their knowledge and experience in the field of public procurement. The appointment of the Secretary-General will be in the terms provided for in the public service regulatory legislation.

Article 4 sections.

1. the Central Administrative Court of contractual resources consists of the President, two members and the Secretary-General. When required by the volume of matters submitted to their knowledge, the number of members will increase by Royal Decree.

2 may act sections, attributing to them knowledge of matters on the basis of the criterion of distribution that is deemed most appropriate. The sections will be presided over by the President of the Court itself, who may delegate the exercise of function in one of the members which make up the section, and consisting of one or more members and the Secretary-General.

3. the President be fixed by agreement the creation, composition and deletion of sections, the distribution of powers between them and the plenary and the distribution of matters between the sections.

Article 5. Replacement of holders.

In cases of vacancy, absence or illness, the President of the Court will be replaced by the Member of seniority in the Court, and older, in that order. In cases of vacancy, absence or illness that affects some of the vowels, the President shall assign its affairs to another vowel.

Article 6. Functions of the members of the Court.

1. the President of the Court shall exercise the functions of organic and functional direction and will be the top head of the staff, without prejudice to the functions that correspond to the Secretary-General as head of the office of the Court.

2 it will be the members discuss and propose resolutions and other agreements to be adopted in the procedure as well as other tasks that are expressly assigned by the President.

3 corresponds to the Secretary-General the guidance and coordination of the office of the Court, the momentum of trade procedures, to ensure the implementation of the resolutions adopted, as well as all tasks that are entrusted to it by the President. You are also the functions of the Secretariat of the Court and sections as colleges.

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

The members of the Court shall serve with total independence and responsibility the their legally attributed.

Article 8. Assistance and adoption of agreements.

1. all the members of the Court are required to attend the sessions that are convened and to participate in the necessary proceedings for the adoption of agreements or resolutions.

2. agreements shall be adopted by a majority of the members of the Court, as the Chairman in the case of a tie vote. The Secretary-General shall attend meetings with voice but without vote.

3. out of the reasons for abstention provided for in article 28 of the law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure, none of the attendees may abstain from voting and that dissenting majority may formulate individual opinion in writing within 48 hours. The particular vote will be incorporated to the record and to the resolution of the appeal.

Article 9. Records of meetings.
1 it should extend minutes of each session concluded the Court or its sections. It will indicate the date that held the session, attendees, place, the duration of the session, examined resources, the result of the vote and the sense of resolutions as well as the other agreements adopted.

2. the minutes will be approved in the same or subsequent session, will be signed by the Secretary General with the approval of the President and kept consecutively numbered in the Secretariat of each College.

3. together with the proceedings of each session the resolutions adopted in her original will be filed.

Article 10. Attribution of competence by the communities and autonomous cities of Ceuta and Melilla.

1. autonomous communities, as well as the autonomous cities of Ceuta and Melilla, can be attributed to the Central Administrative Court of contractual resources competition to solve all the special procurement appeals against acts of the community or autonomous city and of agencies and subsidiaries of it, and it will also cover any claims that may be filed in accordance with the provisions of article 101 of the law 31/2007 30 October, as well as issues of invalidity filed in connection with all of them.

2. such attribution will be formalized through the signing of the corresponding agreement with the Ministry of finance and public administration, which must include the financial compensation to be determined, the term which is made the attribution and other conditions of the same, with special reference to the rules of transitional law for the implementation of the Convention.

The signed agreement shall be published in the «Official Gazette» and in the official journal of the community or autonomous city.

3. this attribution of competence shall be mentioned in any case in particular administrative clauses specifications or document content analogue, referring to the Central Administrative Court of contractual resources as a body to which resources should be brought and the agreement signed, to this effect, with the Ministry of finance and public administration.

4. as the body of control and monitoring of the Convention will create a joint Commission of joint composition, which will be entrusted the supervision of compliance with the provisions of clauses that and will resolve doubts that may arise regarding its interpretation.

The Commission will meet in the terms laid down in the Convention and in any case, whenever one of the Parties requests it.

The Commission shall be governed by the rules of Constitution and performance of the colleges provided for in law 30/1992, of November 30, legal regime of public administrations and common administrative procedure.

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

1. on the assumption that there is no express forecast in the autonomous legislation, competition to learn about special resources in hiring, claims and issues of invalidity of local corporations will correspond to the same administrative body to which the autonomous communities, in the territory of which are integrated, been attributed to it.

This competition shall refer to all the appeals special contracts and issues of nullity against acts of the local Corporation and bodies and entities dependent on it, and will also cover any claims that may be filed in accordance with the provisions of article 101 of the law 31/2007, of October 30, as well as issues of invalidity filed in connection with all of them.

2. this competition shall be mentioned in any case in particular administrative clauses specifications or document of analog content that make their times, identifying the organ to which resources, claims and issues of invalidity should stand.

Chapter III procedure section 1 General provisions article 12. Language of the proceedings that the Central Administrative Court of contract resources.

1. the writings and documents of any kind directed at the Central Administrative Court of contractual resources that those interested in procedures which are subject to this regulation, must be drawn up in English. If they were in any of the co-official languages accompanied by translation shall submit to the Spanish.

2. the presentation of writings and documents of any kind drawn up in foreign languages not having no effect before the Court if not accompanied by the corresponding Spanish translation with legally enforceable requirements.

3. in any case the writings and documents shall be signed by the interested parties. The lack of presentation of the Spanish translation can remedy under the terms laid down in article 44.5 of the revised text of the law of contracts in the Public Sector or the 104.5 law 31/2007 of 30 October.

Article 13. Accumulation.

1.podra remember to the accumulation of two or more resources at any time prior to completion, both ex officio at the request of the appellant or of any comparecidos in the procedure concerned.

2. against the agreement of accumulation or its refusal, which must be motivated, will not fit the filing of any appeal.

Article 14. Communications and notifications.

1 communications and 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 in which the contracting authority lacks adequate means for this is hurricanes.

2. notifications recurrent and other stakeholders involved in the appeal proceedings shall be made by media following and established in law 30/1992, of 26 November, without prejudice to the provisions of article 38 of this regulation.

In any case, when the appellant and other stakeholders had admitted notifications by means of computer, electronic or telematic during the award procedure, in the case that they had participated in it, either when they request in the resolution of the appeal procedure, notifications shall be made them by these means.

Article 15. Deadline for resolution of the procedure.

After two months as from the following the filing of the appeal without that its resolution is notified, the interested party may consider him dismissed for the purposes of judicial review appeal.

Article 16. Access to the file of contracting.

1. If the person concerned wishes to consider hiring record prior to the filing of the special appeal, you must request it from the contracting authority, which shall be obliged to put it clear without prejudice to the limits of confidentiality laid down in articles 140 and 153 of the revised text of the law of contracts in the Public Sector.

The request for access to the file may make it stakeholders within the time of filing of the special appeal, and the contracting authority to facilitate access in the five working days following receipt of the request.

2 non-compliance with the provisions contained in the preceding paragraph by the contracting authority shall not relieve those interested of the obligation the special appeal within the period specified in article 44.2 of the revised text of the law of contracts in the Public Sector. This however, cited non-compliance may be allegedly by the appellant in its appeal with the effects set out in article 29.4 of the regulation.

Section 2 filing of the special appeal, complaint and question of invalidity article 17. Presentation to the contracting authority the submission of notice of filing to the contracting authority will also produce the effects of the notice of appeal.

Article 18. Place of filing.

The special appeal in procurement and the issues of invalidity under cover of the revised text of the law of contracts in the Public Sector only may be made in the register of the contracting authority or the competent administrative body to solve them. The claim of article 101 of the law 31/2007, of October 30 and issues of invalidity under cover of the only cited law may be submitted to the registry of the competent administrative authority to resolve them.

The presentation at the post office or in any administrative log other than those referred to in the preceding paragraph will not disrupt the submission deadline. In such cases, the resource, the claim or the question of invalidity shall be filed day which is entered in the register of the contracting authority or the competent administrative authority to address it, as appropriate.

However, when on the same day of the presentation be referred to the administrative body competent to resolve it or the contracting authority in your case copy of the writing in electronic format, will be regarded as the date of entry of the same, which corresponds to the receipt of the aforementioned copy.

Article 19. Filing deadline: specific cases.
1. the resource stands against the call for tenders, the term will start counting from the day following the date of its publication in the official journal of the European Union, unless the law does not require that it spread by this means. In the latter case the term will start counting from the day following the date of publication in the profile as a contractor of the contracting authority, and in the case of this last date was not irrefutably accredited from the day following the date of publication in the «Official Gazette» or, in your case, in newspapers or regional or provincial gazettes , as appropriate.

2. when the resource stands against the content of the specifications and other contract documents, computation will start from the day following that have been published in legal form the invitation to tender, in accordance with paragraph 1 of this article, if it has been noted the publication of the specifications in the Public Sector recruitment platform or place and way to access directly to your content.

Otherwise, the computer will begin from the day following that on which they have been received or made available to stakeholders for their knowledge. In the latter case, when such documents have been made available only by electronic means, the time limit for appeal will begin to compute the date in that end of presentation of proposals, unless it had evidence that were known prior to that date. When not they had made available to interested parties by electronic means the term will start counting from the day following that in have been delivered to the appellant.

3 when the Act of exclusion of a tenderer of the award procedure previously notify the award ceremony, the against exclusion must be brought within a period of fifteen working days counting from the following that in which notification of the exclusion Act had received by the winning bidder.

4. when the notification is carried out by electronic means, electronic or telematic, deemed that remission is made on the date on which shipment occurred.

5. the acts reported to meeting the requirements set out in article 58.2 of the law 30/1992, of 26 November, must be challenged within the time limits laid down in paragraph 2 of the article 44 of the text of the law on public sector contracts and in this article. This provision shall apply even if contested the Act or resolution lacked the required motivation in accordance with the provisions in article 54 of the law 30/1992, of November 26, or article 151.4 of the revised text of the law of contracts in the Public Sector. As a result, even if the text of the resolution are not complete will not be considered defective and shall be produced, without prejudice that the resource can be founded in this circumstance.

On the contrary, if notifications referred to the exclusion of a tenderer or the award of a contract, are in contravention of the requirements of article 58.2 of the law 30/1992, of November 26, the term will start counting from the time the person concerned perform actions involving knowledge of the content and scope of the notification or interpose any resource.

6 when the impossibility that the person concerned has received the notification of the award agreement within fifteen working days from your referral to be accredited, the deadline for the filing of the appeal will begin from the date on which had actually received it.

Article 20. Presentation of documents with a copy.

Those interested in the procedure may request the return of the documents submitted together with the writing of interposition or allegations accompanied by copy, previous collation of this. The collated copy will be incorporated to the resource record. Except those documents whose characteristics advisable, in the opinion of the Court, that the return is not made until resolution of the appeal.

Article 21. Effects of interposition.

1. the resource stands against the Act of procurement, the contracting authority will immediately suspend the execution of the same if the resource stands before him, or otherwise, as soon as it received the request from the Court to send the record of hiring.

2. in the case referred to in the preceding paragraph, within thirty working days after the filing of the special appeal, the Tribunal will review, ex officio, the measure of suspension and can leave without effect if concur new circumstances requiring it.

3. in batch recruitment procedures, when the resource stands regarding the allocation of specific lots, the suspension will only affect lots that are the subject of dispute.

Section 3 requirements of the article 22 procedure. Requirements for admission.

1. only proceed the admission of the appeal when comply with the following requirements: 1 jurisdiction to hear the appeal.

2. accreditation of the legitimization and representation of the appellant by power which is sufficient for this purpose.

3rd the appeal relates to any of the contracts referred to in article 40.1 of the revised text of the law of contracts in the Public Sector.

4th that the resource stands against any of the acts listed in article 40.2 of the quoted text.

5 the filing is made within the time limits provided for in article 44.2 of the same text.

6 accompanying to the filing written documents and requirements referred to in article 44.5 of the amended text, without prejudice of what in it arranged with respect to the possibility of remedies.

2. only proceed the admission of the claim referred to in article 101 et seq. of law 31/2007, of October 30, when there are the following requirements: 1 jurisdiction to hear the claim.

2. accreditation of the legitimization and representation of the appellant by power which is sufficient for this purpose.

3rd claim relates to any contracts regulated in the Act.

4th that claim stands against any of the acts listed in article 40.2 of the revised text of the law of contracts in the Public Sector.

5 the filing is made within the time limits provided for in article 104.2 from the same law.

6 in the case of contracts included in the categories of Annex IIB of law 31/2007, of October 30, will not accept the claim against the Act of procurement, tender, specifications, contractual documents and announcements preceding acts of the procedure for the award of such contracts, except that this is intended to challenge the technical requirements regulated in article 34 of this law.

3. in the terms provided for in article 39.2 of the revised text of the Public Sector Contracts Act the competent authority inadmitir may the question of nullity when previously it has appeal lodged against any of the acts subject to appeal in accordance with article 40.2 of the revised text of the law of contracts in the Public Sector, even in the event that the contracting authority or contracting entity had entered into the contract with failure to meet the time expected waiting in 156.3 article or the automatic suspension of the agreed by the competent authority to resolve the appeal.

In such cases, the resource estimate will involve the nullity of the formalized contract, in accordance with article 35.1 of the text mentioned, with the effects in the same precept is expected.

In the terms provided for in article 111.2 of the law 31/2007, of October 30, the competent body may inadmitir the question of invalidity filed in the cases listed in article 109.1 of the law 31/2007, of October 30, whether on the same procurement procedure had lodged a claim in the event of Declaration of nullity of the contract concluded with violation should be derived from the estimate of this of the derogation from the 83.3 articles 103 and 104.6 of the mentioned law.

Article 23. Inadmissibility of the appeal.

The assessment of the compliance with the requirements for the admission of the appeal included in the previous article shall correspond to the Court.

Article 24. Special cases of legitimization.

1.Sin prejudice to the general assumptions provided for in article 42 of the revised text of the law of contracts from the Public Sector and in the 102 of law 31/2007, of October 30, resources regulated in this regulation can be brought by associations representing interests related to the contract that is contested exclusively when they are for the defence of the collective interests of its members.

2. in the event that several companies attend a tender under the commitment to establish joint venture for the case that resulted in any contract awarded, any of them may bring the resource, provided that their rights or interests have been affected or may be affected by the decisions subject to appeal.
You should any signatory companies of the commitment does not wish the appeal may put it revealed to the Court at any time during the preceding decision procedure. In such a case will be you in comparecida and on the assumption that the Court agreed impose fine in recklessness or bad faith, in the terms provided for in article 47.5 of the revised text of the law of contracts in the Public Sector, it only will be payable to the entity or recurrent entities.

3. the filing of the appeal on behalf of legal persons of any kind will require sufficient to effect-wielding power.

4 they are entitled to file a special appeal, in accordance with the provisions of article 63 of the law 7/1985, of 2 April, the Local regime Bases, members of local authorities who had voted against the acts and agreements at issue.

Section 4 provisional measures article 25. Provisional measures.

1.Fuera of cases of automatic suspension provided for in the laws, the Court may accordingly agree to the adoption of provisional measures, including the suspension of the proceedings, both at the request of the appellant and of trade. In the latter case shall, previously, give audience in relation to the adoption of measures to the contracting authority, giving a deadline of two days to demonstrate its conformity or opposition.

2. the resolutions according the suspension or its lifting as well as that agreed upon any other interim measure be notified to the contracting authority and the appellant on the same day they are handed down. Upon receipt of notification, if the suspension is agreed, the contracting authority will take her out immediately.

If it were any other provisional measure shall take it in the term which in effect set the Court in its resolution.

3. the Court may agree to vary or revoke a provisional measure where there are duly justified circumstances that warrant such action.

4. the provisions of this article shall also apply when the provisional measure is sought prior or subsequent to the filing of the appeal.

Article 26. Warranties.

1. in accordance with the provisions of article 43.3 of the revised text of the law of contracts in the Public Sector, or 103.3 of the Act 31/2007, of October 30, the Court agreed the adoption of provisional measures at the request of the appellant or complainant may condition the effectiveness to the lodging of a security to respond for the damages arising from their adoption for organ or entity the Act recourse or for anyone interested in the award.

2. in such a case, the same agreement that adopts it fix the amount of the guarantee and the term to constitute it, that it may not exceed ten working days.

The warranty shall be fixed in five percent of the procurement budget if not is it would have proceeded even to the award and the amount of this otherwise, except that you rightly understand that responsibility which may be incurred by the applicant for provisional measure will achieve expected a lower or higher amount. If it were an award procedure in which there is no budget of tendering or award, the Court shall fix the amount of the guarantee, exclusively, based on the estimate that do damage.

In any case, for the calculation of the amount of the guarantee will be in consideration the corresponding share of the value added tax.

Article 27. Form constitute warranties.

1. the guarantees required for the adoption of interim measures is will be available to the Court and will respond, in the amount determined by the damage that may arise as a result of such measures, both the contracting authority and other stakeholders in the award procedure.

2. only be used as collateral the bank guarantee, the contract of suretyship insurance or cash deposit or securities of public debt of the State, constituted in accordance with the provisions in force and deposited in the General deposit box or their branches, framed in the delegations of economy and finance.

3. the Secretariat of the Court, after receiving the receipt certifying the deposit and verified compliance with the requirements set out in the preceding paragraphs, will declare firm the provisional measures agreed. Otherwise, once the period granted for that purpose unless those have been constituted, it will declare them decaídas leaving them without effect.

4 decisions rendered by the Tribunal in relation to guarantees, not be brought against any.

Section 5th instruction article 28. Referral of the dossier.

1. recruitment record shall be sent by electronic means whenever possible.

2. it will be hiring record full and orderly, accompanied by an index of the documents it contains, including diligence of authentication. You should be necessarily that a relationship of participants in the tender with your tax ID number. In the case of temporary unions of companies will include tax identification numbers corresponding to each of the entities which, in turn, have it set up.

Documents declared confidential by tenderers stating their confidentiality in the index and in the place of the record where these documents are will be included in the record.

3 when, in the opinion of the Court, the documentation is incomplete or has been omitted relevant background for the resolution of the matter, will require the organ or entity author of the contested act so that complete record within the period of two working days.

4. the contracting authority will accompany the record a report on the handling of the same, with allegations that law considers both adequate with regard to provisional measures if it had requested as from the bottom of the issue.

5 if requested record or documentation for completeness, the contracting authority not referred within the deadlines set by law or by regulation, the Secretary of the Tribunal will claim them again. After two days without having them received, you will make it clear the appellant to it alleges it deems suitable to your right about this incident and provide the documents it deems appropriate for the resolution of the appeal or claim within the period of five working days.

Completed this term will continue the procedure in accordance with the procedures legally established, without prejudice to any liability which would have incurred persons in whose charge was remission of record of procurement, which is required, in the case of staff in the service of public administration, in the terms established in the nineteenth additional provision of the consolidated text of the law of contracts in the Public Sector.

Article 29. Put manifest record and allegations.

1. put the file manifest remaining interested comparecidos in the award procedure to formulate allegations, will be by the Secretary of the Tribunal within five working days in accordance with provisions of the 46.3 articles of the revised text Public Sector Contracts Act and 105.3 of law 31/2007 , 30 October.

2. those interested may take few notes need to formulate their allegations and request a copy or certificate of those documents contained in the file that are indispensable for exercising their right of defence, which shall be issued by the Secretariat available means permitting and the effectiveness of the functioning of public services is not affected.

The Secretariat is not obliged to accept any generic application with respect to the issue of copies.

3. when the appellant had requested in the procedure provided for in article 16 the record view and the contracting authority had denied it was, the Court, in view of alleged in the writing of interposition and the report of the contracting authority, it may grant the appellant access to the record of procurement in their offices, prior to the processing of claims , and within five working days, so appropriate to complete its appeal, granting a period of two working days to the contracting authority issue the report and five days to remaining interested comparecidos in the procedure so that they made allegations in this case.

Article 30. Test.

1. the test request must be in writing of the filing of the appeal, if the appellant is requested and the allegations any remaining stakeholder request. If the request is formulated by the author of the appealed Act body it shall be in the submitted report accompanying recruitment record.

Practice test request must be made in concrete terms by identifying the extreme envelope which must be and the person or persons proposed to practice.

2. the Court at any time before the resolution of the appeal may decide ex officio or at the request of the interested parties practice test.
Agreed the practice test, this must be notified to those concerned in the appeal within a period of five working days from the date in which the Court agreed opening trial indicating, in his case, the place, date and time of its practice.

3. costs arising from the practice of the test will be account which had requested it, without prejudice to the provisions of article 33 of this regulation.

4. against decisions taken in relation to the practice of the test will not fit any resource, without prejudice to the possibility of claiming their refusal as the Foundation of the administrative litigation appeal.

Section 6th resolution article 31. Resolution.

1. resolution issued in the appeal proceedings shall decide all matters and causes of inadmissibility resulting from the procedure instruction, believing them or dismissing them, without prejudice to the provisions of article 47 of the revised text of the law of contracts in the Public Sector.

Resolution expressed, moreover, resources that can be lodged against it, bodies which would arise and term for such remedies.

2. when the Court appreciate recklessness or bad faith in the filing of the appeal agree on resolution that make the imposition of a pecuniary sanction to the appellant under the terms provided in paragraph 5 of article 47 of the revised text of the law of contracts in the Public Sector, justifying the causes that motivated the imposition and determining circumstances of its amount.

The imposition of fines to the appellant only proceed in the event that it had completely dismissed the claims made in the notice of appeal.

3. Likewise, in the resolution, the rising will remember the automatic suspension of the procedure or of agreed interim measures.

In the latter case, if it had demanded the Constitution of guarantees to respond for the damages arising from adoption and the resolution was totally positive ordered its cancellation.

When the resolution was positive or partially rejecting the Court refrain from making statement in it about the cancellation of the guarantees, limited to defer this to the procedure laid down in paragraphs 2 and 3 of article 37.

Article 32. Clarification of resolutions.

If the body of recruitment or any of the interested parties to the appeal proceedings who have appeared in it, considers that the resolution contains some dark concept or any material error, you can request your clarification or correction to the registry of the Court within the period of three working days counted from the receipt of its notification.

The Court must rule on the clarification or correction requested within the working day following that on which had received it.

Article 33. Compensation for damages.

The Court, in the case of estimating the resource, will appreciate in its resolution, at the request of the appellant, damages and damages arising for it from the actions of the contracting authority setting to effect compensation to satisfy this. Compensable damages may include expenditures necessarily arising from the intervention in the appeal proceedings including derivatives practice test. In any case it must be real, effective and assessable damages economically.

Section 7 acts subsequent to resolution: implementation article 34. Location of the parties before the administrative litigation jurisdiction bodies.

When contentious resource comes against a decision of the Court, that, upon receipt of the diligence of the Court claiming the administrative proceedings, shall place for his appearance before the Chamber corresponding to the contracting authority the Act which would have been subject to the appeal and the remaining comparecidos in the procedure.

The location indicated in the previous paragraph shall be as provided in article 49 of law 29/1998, of 13 July, regulating the contentious jurisdiction.

In the case of a judgment given on the occasion of the agreements signed under cover of provisions of article 41.3 of the revised text of the Public Sector Contracts Act, the communication referred to in the previous paragraph will be the partners designated by the respective conventions.

Article 35. Return of documents.

Upon completion of the procedure and firm resolution, unless the procedure is entirely processed by electronic means in accordance with chapter IV of this regulation, the Secretary of the Tribunal agreed return to interested parties who request documents provided by them to the procedure, leaving in record copy properly collated.

Article 36. Enforcement of judgments.

1. resolutions to bring an end to the appeal proceedings will be implemented by the contracting authority the Act contested strictly subject to its terms.

If resolution agreed the cancellation procedure of tender, to be able to proceed with the award of the contract, the contracting authority shall convene a new tender. When appropriate the feedback of the procedure, the annulment of proceedings ordered by the Court shall not prevent to keep the validity of those acts and procedures whose content had remained as not having committed the infringement.

2. when the resolution agreed the imposition to the recurrent fine, the payment must be made by the obligors in the deadlines set at law 58/2003, of December 17, General Tributaria fundraising in the voluntary period. To this end, together with the resolution which imposed the fine or compensation, will accompany the document of entry of the corresponding debt.

3. the incidents arising from stakeholders in relation to the implementation of the resolution, will be resolved by the Court after hearing the interested parties.

To this end, received the written considering the incident, the Court will give transfer thereof, with the documentation accompanying it, concerned that, during the period of ten working days, they can claim as they deem appropriate.

Evacuated the procedure above or, if necessary, after the term for this, the Court will resolve the incident within five working days.

Article 37. Cancellation, return, and enforcement of security.

1. constituted guarantees to answer any damages that may arise from the adoption of provisional measures at the request of the appellant shall be without effect and they will be cancelled, if the resolution of the appeal was completely positive.

In such a case, the secretariat will agree to its cancellation by delivering to the person concerned the relevant agreement, or if it requests it, sending it directly to the General deposit box for the purposes provided for in its rules of procedure.

2. when the resolution was partially positive or refused, the Secretariat only agreed return warranty once noted that there is no enforceable responsibilities on it.

To this end, it will require the contracting authority that had issued the contested and the remaining stakeholders comparecidos in the procedure so in within fifteen working days counted from the following that they receive notification, indicate in writing if they have suffered damage and the amount that encrypt them.

Previous brief will be transfer to the appellant to make time identical to the previous allegations that it deems appropriate.

If none of them make claims for damages, the Secretariat agreed repayment guarantees without further formality, proceeding as provided in the second subparagraph of paragraph 1.

In another case and in view of the submitted writings, the secretariat will propose to the Court resolution which proceed to enact on the claim for damages. The Court shall take into account to issue it if the damages claimed are derived directly from the adoption of provisional measures, if they are economically assessable and the amount that are evaluated relates to effectively damage. If the resolution considered coming to recognize the right to compensation, must be to quantify it.

3 court compensation, the Secretariat of the Tribunal will notify it to the appellant giving a deadline of a month for the entry of the amount of the same in the body responsible for the management of the Treasury in the corresponding administration.

After the previous deadline unless the payment is made, the Secretariat agreed execution guarantee following, for this purpose, the procedure laid down in the regulation of the box General deposit approved by Royal Decree 161/1997 of 7 February.

If the guarantee wasn't enough to fully cover the amount of the compensation, the rest is required by way of enforcement in accordance with provisions of the General collection regulations approved by Royal Decree 939/2005, of 29 July.

4. in cases in which payment of compensation should accord in favor of any particular, the body responsible for the management of the Treasury in the corresponding administration, once admitted by the appellant, must pay it to the holder to whose purpose will serve as recognition of the obligation, the decision of the Court.

Chapter IV use of electronic media section 1 use of electronic media
Article 38. Electronic processing of the appeal, claim or question of invalidity.

1. the writings of filing of appeal proceedings, allegations of stakeholders and others written to present to the Court, as well as communications and notifications to perform the procedure, the referral of the dossier, as well as the consultation of the status of processing of the resolution and any other formalities necessary for the development of the procedure will be carried out electronically.

2. Notwithstanding the provisions of the preceding paragraph, shall be processing in support role of the procedure for those cases concerned to justify the Court his denial of access to the electronic processing of the same.

Article 39. Conditions and technical requirements of the procedure.

1. compliance with the fourth final provision of the consolidated text of the law on Public Sector contracts, conditions and technical requirements for the electronic processing of the procedure shall be governed by order of the Minister of finance and public administration, which will be compliance with the rules contained in the sixteenth additional provision of the consolidated text of the law of contracts in the Public Sector.

2. the media to be used in the procedure, technical specifications and the forms that must be used, where appropriate, set out in the Ministerial order regulating the electronic processing of the procedure, will be available on the electronic site of the Central Administrative Court of contractual resources.

3. the identification and authentication of those interested in the procedure may be made, depending on the characteristics of the procedure affected, by any of the electronic communication systems established in the text of the law of contracts in the Public Sector or, where appropriate, in law 11/2007, of 22 June, electronic access of citizens to public services.

Conditions and requirements for each of the performances of the appeal proceedings 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 mechanisms through which the implementation of manifesto of the record will be held by electronic means.

Section 2 electronic notification article 40. Electronic processing of notifications.

1. notifications that practice the Central Administrative Court of contractual resources to recurrent and other interested parties in the procedure regulated by this regulation, shall be made by electronic means, in accordance with the provisions of article 41.

2. in the terms provided for in article 41 of this regulation, the Central Administrative Court of contractual resources practice notifications through adherence to the e-mail notification system regulated in the order PRE/878/2010, of April 5, which establishes the regime of the enabled e-mail address system envisaged in article 38.2 of the Royal Decree 1671 / 2009 dated November 6, or by any other means of electronic communication in the terms established in the revised text of the law of contracts in the Public Sector.

3. notifications made by the Court shall be considered rejected if, within five working days after the certification that have been received, not had agreed to its content.

Article 41. Persons and obliged entities.

1. corporations, both corporations as of limited liability, as well as other legal persons already bound by the tax agency in article 4.1 of the Royal Decree 1363 / 2010, 29 October, to receive communications and notifications through e-mail address enabled, participating in a procurement procedure subject to appeal to the Central Administrative Court of contractual resources you will receive notifications, in your case, have to pass on the Court, through the e-mail address enabled or by any other means of electronic communication under the terms established in the revised text of the law of contracts in the Public Sector.

2. also notifications may be made through the e-mail address enabled to those individuals who had accepted it expressly.

First additional provision. Adaptation to the bodies of the autonomous communities.

Mentions that in the basic character of this regulation regulations 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 General Administration of the State and the rules governing them, shall be deemed, in the area of the autonomous communities, the adjudicative bodies the Secretariat and other organs for this field set with the corresponding regional rules.

Second additional provision. Publication of the specifications in the Public Sector procurement platform.

The State public sector contracting authorities must publish the particular administrative clauses specifications and the specifications of technical requirements that govern the award of contracts referred to in article 40.1 of the revised text of the law of contracts of the Public Sector, the Public Sector procurement platform.

Third additional provision. Relations of the Court with the platform of Public Sector procurement.

State public sector contracting authorities must publish in its profile of contracting, lives in the platform of Public Sector recruitment and with reference to each squad recruitment procedures, the filing of appeal special procurement against any of the acts of procedure, agreed suspension, if any, and the resolution issued in the same.

The Public Sector recruitment platform will provide the Central Administrative Court of contractual resources, upon request, data referring to the reliable accreditation of publications or notifications that have operated on the platform, their dates and, where appropriate, amendments to them.

Because of the technical and functional possibilities of the platform of Public Sector recruitment and the needs of the Central Administrative Court of contractual resources may provide the publication the first of that of information generated by the Court whose outreach can be useful.

First transitional provision. Proceedings underway.

The proceedings underway give processing with the provisions of this regulation after the entry into force of the same without back in the State of processing where they were located at such a moment.

Second transitional provision. Electronic processing.

1. rules governing the electronic processing of the procedure shall not enter into force with respect to the presentation of the writings of filing of appeals, claims and issues of invalidity until three months from the entry into force of this regulation. In any case, the date in which the same should occur will be through notices on the web site of the Ministry of finance and public administration and the Central Administrative Court of contract resources.

2 elapsed time to that referred to in the preceding paragraph and insofar as there is development through ministerial order provided for in article 39 of this regulation, for the electronic processing of the records, the submission resource, the claim or issues of invalidity must be general electronic form referred to in article 11 of the order HAP/547/2013 on April 2, which creates and regulates the electronic registry of the Ministry of finance and public administration.

First final provision. Skill-related title.

The provisions of this regulation are basic standards laid down on the basis of article 149.1.18. ª of the Constitution, which attributes to the State the competence to enact basic legislation on administrative contracts, without prejudice to specialities deriving from the organisation of the autonomous communities, and thus are generally all public administrations applicable contracting authority dependent on them contained in article 3 of the text of the law of contracts from the Public Sector ((, with the exception of articles 1, lyrics to) and (c)), 2, paragraph 1, 3 to 10, 12, the last two paragraphs of the article 34 and article 37, as well as chapter IV devoted to the use of electronic media, the second and third additional provisions, the second transitional provision and the third final provision.

Second final provision. References to the special appeal, claims, questions of nullity, contracting authorities and contracting entities.

The references made in this regulation to the special procurement resource regulated in book I, title I, chapter VI, of the revised text of the law of contracts in the Public Sector, to be also understood, as appropriate, to the claims regulated in Title VII of law 31/2007, of October 30, as well as invalidity issues regulated by two laws.
Also the references made in this Royal Decree to the organs of hiring or contracting authorities are to be understood also made to contracting entities of law 31/2007 of 30 October.

Third final provision. Regulations enabling use of electronic, computer or telematic media.

It authorizes the Minister of finance and public administration to adopt the implementing rules which may be necessary to fully enforce the use of electronic, computer or telematic means in dealing with procedures subject to the jurisdiction of the Central Administrative Court of contractual resources by order.