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Royal Decree 773 / 2015, Of 28 Of August, By Which Is Modify Certain Precepts Of The Regulation General Of The Law Of Contracts Of The Administrations Public, Approved By The Real Decree 1098 / 2001, Of 12 Of October.

Original Language Title: Real Decreto 773/2015, de 28 de agosto, por el que se modifican determinados preceptos del Reglamento General de la Ley de Contratos de las Administraciones Públicas, aprobado por el Real Decreto 1098/2001, de 12 de octubre.

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TEXT

The final provision of Law 25/2013, of 27 December, of impulse of the electronic bill and creation of the accounting record of invoices in the Public Sector modified the recast text of the Law of Contracts of the Sector Public, approved by the Royal Legislative Decree 3/2011 of 14 November, introducing several amendments to the regulation of the classification of companies, as well as on the accreditation of both the economic and financial solvency and the technical or professional solvency required to contract with the Public Administrations, by referring certain aspects of the same to a subsequent regulatory development.

In relation to the classification for works contracts, the Law establishes the threshold for classification requirements by 500,000 euros, also establishing that for works contracts whose estimated value is less than that This figure may be credited by the employer with his/her classification as a contractor for works in the group or sub-group of classification corresponding to the contract or by crediting compliance with the specific requirements of the the solvency required in the contract notice or in the invitation to participate in the contract procedure and detailed in the contract documents, and referring to regulatory development the establishment of the requirements and means which, in the absence of what is indicated in the documents, will operate according to the nature, object and estimated value of the contracts, means and requirements which shall be of an additional nature in respect of which they appear in the documents.

In relation to service contracts, the Law provides that the classification of the employer will not be required, and it will also be available for the employer to accredit his creditworthiness without distinction. classification in the group or sub-group of classification corresponding to the contract, taking into account its CPV code, or by crediting compliance with the specific solvency requirements required in the contract notice or in the invitation to tender to participate in the procedure and detailed in the contract documents, and in the same way as it is the case for works contracts, refers to regulatory development the establishment of the requirements and means which, in the absence of what is indicated in the documents, will operate according to the nature, object and estimated value of the contract, means and requirements which shall be of an additional nature in respect of those listed in the specifications.

In relation to the criteria and means of accreditation of the economic and financial solvency and of the technical or professional solvency for the different types of contracts, the Law updates the relationship of alternative means contained In Articles 75 to 79 of the recast of the Law on Public Sector Contracts, the contracting authority imposes the obligation to specify in the notice or invitation and in the documents the means or means and amounts required for this purpose, and refers to (a) regulatory development of the establishment of the means and amounts which will be required in the absence of such employers who opt for the award of the contract.

The present royal decree comes to comply with the regulatory development required by the previous precepts, as well as to make the necessary adaptations in the structure of the classification and its configuration in groups, sub-groups and categories, amending for this purpose the regulation established in this respect in the General Regulations of the Law on Contracts of Public Administrations, approved by Royal Decree 1098/2001 of 12 October.

In the first place, Article 11 of the General Regulation of the Law on Public Administration Contracts is amended, adapting to the new legal provisions the system for determining the selection criteria of the (a) the contracting and accreditation of the same by the employer, and the means and criteria to be applied in the absence of the provisions laid down in the contract documents, where the contract documents do not provide sufficient accuracy for the selection criteria relating to the economic and financial solvency or the technical and professional solvency required for the contract award.

As regards the classification of works contracts, Article 26 of the General Regulations of the Law on Public Administrations is amended, adjusting the thresholds of the various categories, which pass to be denominated by increasing numbers according to their respective thresholds, starting from category 1 for contracts of annual value of less than EUR 150 000 and up to category 6 for contracts of annual value equal to or greater than five EUR million, also readjusting the minimum net worth required for the access of the companies for each classification category, set out in Article 35 of the Regulation, which is quantified in ten per cent of the annuity of contracts to which access enables each category, and in one million euro for maximum access category, whose procurement enables the award of contracts with no amount limit.

Second, Articles 27 and 29 of that Regulation are amended to, as the Law provides, extend to ten years the period during which the works in the executed will be taken into account as proof of the experience of the employers as contractors of works, as well as regulating the conditions for the consideration as their own of the experience of the works executed by the subsidiaries incorporated abroad. Similarly, Article 35 of the Regulation is amended, referring to direct and indirect classification in sub-groups, in order to adapt it to the new nomenclature and thresholds of the classification categories and is established as a minimum solvency criterion. financial assets which companies have a net worth equivalent to ten per cent of the annual value of the contracts to which the category to be obtained allows them to access, and the conditions for consideration of such effects are made more flexible and precise of the net worth at a later date than the last approved annual accounts.

In relation to the classification of service contracts, which since the entry into force of this royal decree ceases to be enforceable, Article 37 of the Regulation is amended, maintaining the general structure in groups and sub-groups but significantly reducing their number, taking into account their degree of use by the different contracting authorities, by removing those sub-groups which are rarely included in public contracts, as well as those which, given their degree of specialisation or the nature of the activities they comprise, the assessment centralised and uniform of the capacity and solvency of employers by national classification commissions does not offer significant advantages as compared to the case-to-case assessment by the relevant contracting authority, in the light of the concrete and other specific circumstances of each contract.

Third, and in accordance with the provisions of the Law, Annex II of the Regulation is amended to define the scope of work included in each subgroup in the terms defined by the Common Procurement Vocabulary. Public (CPV), approved by Regulation (EC) No 2195/2002 of the European Parliament and of the Council, establishing the correspondence between the classification sub-groups and the CPV codes of the service activities corresponding to each of them, in such a way that the determination of the CPV of a contract by the contracting authority determine in an unambiguous manner their correspondence with any of the established classification sub-groups, or their non-correspondence with any of them.

Fourth, Article 38 of the Regulation is amended, introducing an additional category for average annuity contracts of more than EUR 1.2 million, and moving on to the different categories by means of numbers Sequential values representing a higher value of contracts, starting from category 1 for contracts of annual value of less than EUR 150 000 and up to category 5 for contracts of annual value equal to or greater than 1,2 Millions of euros.

In the fifth place, Articles 39 and 45 of the Regulation are amended, extending to five years, as provided by the Law, the period during which the works on the executed will be taken into account as proof of the experience of the entrepreneurs for the purposes of their classification as service contractors, but limiting to four the number of jobs to be considered as a computable experience for each requested subgroup.

In the sixth place, Article 46 of the Regulation is amended, eliminating the enforceability of the classification in service contracts, which becomes a sufficient condition and means of accreditation of the solvency of the employer, alternative to those identified in the contract notice and in the documents of each contract by the contracting authority, or in the absence thereof to those laid down in Article 11 of the Regulation.

Article 67 of the Regulation lays down the content of the specifications of particular administrative clauses in public contracts, including in paragraphs 3, 4, 5 and 7 of the additional data to be included for the contracts works, management of public services, supplies and services respectively, and paragraph 6, relating to consultancy and assistance contracts, is deleted. In contrast to the considerable degree of detail in the list of the extremes to be included in those documents, in relation to the criteria for the selection of the contractor, the text so far in force is limited to making a generic reference to the Articles 16 to 19 of today repealed text recast of the Law of Contracts of Public Administrations. The present royal decree gives a new wording, more precise and adjusted to the current Law, to the letter b) of the aforementioned paragraphs, in which the criteria for the selection of the contracts of works, supplies and services are regulated respectively, incorporating in an express and updated manner the list of alternative criteria for the selection of the employer, both in relation to their economic and financial solvency and in relation to their technical and professional solvency, at the disposal of the contracting authority for incorporation into the specifications.

The article is complemented by two additional provisions, five transitional provisions, a derogation provision, a final provision and an annex.

In its additional provision first, and in order to have an agile mechanism that allows to maintain over time the adequacy of the sub-groups of classification of service activities to the changing circumstances of public procurement, as well as its alignment with the regular updates of the Common Procurement Vocabulary (CPV), the Minister of Finance and Public Administrations is enabled to update, by Order and prior to the report of the Advisory Board of Administrative Contracting of the State, both the relation of subgroups classification as the correspondence between these and CPV codes at any time in force.

By its additional provision the second is the lack of competence for the procurement of certain supplies and rights of use relating to information technologies when their amount is less than one million euro.

The first transitional provision specifies the regime applicable to the procurement files initiated before the entry into force of the royal decree.

The second transitional provision enables a sufficiently broad period during which the requirement for classification for contracts for works tendered after the entry into force of the royal decree is deemed to be met by the employers who have a classification equivalent to that required in the documents, granted and expressed in the terms in force before the actual decree enters into force, also establishing the table of equivalences between classifications expressed in the terms established by Royal Decree 1098/2001 and in those established by this royal decree.

The third transitional provision enables the same period of time for the maintenance of the credit effects with respect to the solvency of the employer by the classifications corresponding to the sub-groups for the classification of services that the royal decree maintains. For the classifications held in the sub-groups for the classification of services which are deleted, a reduced time limit for the retention of their effects is exceeded, which is beyond the solvency for service contracts which do not correspond to any of the the classification sub-groups included in Article 37 of the Regulation may only be accredited by the criteria and with the means expressly included in the contract documents, or in the absence thereof, by those laid down in Article 11 of the Regulation. As for the works contracts, the table of equivalences between classifications expressed in the terms established by Royal Decree 1098/2001 of 12 October, and in those established by this royal decree, is included.

The fourth transitional provision comes to close the period of validity for the remaining classifications obtained in accordance with the regulations prior to the royal decree, fixing the date from which these classifications they will lose their validity, the same date being the same as ending the period during which such classifications maintain their effectiveness in the terms set by the first two transitional provisions, as well as to regulate the periodic justification of the maintenance of the solvency and its effects on the maintenance of the classification during the transition period.

The fifth transitional provision enables a time limit for the adaptation of the classification or classification review application forms, as well as the IT applications that support the processing of the applications. classification files.

The final provision sets as the date of entry into force of the royal decree the day following that of its publication in the Official Gazette of the State, except for the effects indicated in the fifth transitional provision.

The text of the project has been the subject of a report by the Advisory Board of Administrative Contracting of the State, which was issued dated May 19, 2015, in accordance with the provisions of the first provision of the General Regulations of the Law on Contracts of Public Administrations.

In its virtue, on the proposal of the Minister of Finance and Public Administrations, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting on August 28, 2015,

DISPONGO:

Single item. Amendment of the General Regulation of the Law on Public Administrations Contracts.

The General Regulations of the Public Administrations Law, approved by Royal Decree 1098/2001 of 12 October, are amended in the following terms.

One. Article 11 of the General Regulation on the Law on Public Administration Contracts is amended as follows:

" Article 11. Determination of the selection criteria of the companies.

1. The contracting authority shall set out in the specification for particular administrative clauses the criteria to be taken into account in determining the economic and financial solvency and the technical or professional solvency of the contractor, the requirements the minimum required in each case and the means to prove compliance with them, except in the case referred to in paragraph 5.

2. In the case of works contracts, as well as in the case of services which correspond to a sub-group of classification, the group or sub-group of classification and the classification category shall also be included in the specification. correspond to the contract.

3. In the case of works contracts where the estimated value of the contract is equal to or greater than EUR 500 000, it is essential that the employer is duly classified as a contractor for works of the general government. For such contracts, the classification of the employer in the group or sub-group which, according to the subject-matter of the contract, corresponds to, with a category equal to or greater than that required for the contract, shall credit its solvency conditions for hiring.

Where the estimated value of the works contract is less than EUR 500 000, as well as for service contracts the subject of which is included in Annex II to this Regulation, the classification of the employer in the group or sub-group classification which, depending on the subject-matter of the contract, corresponds to the classification category which, by its average annual value, corresponds to its economic and financial solvency and its technical solvency to contract. In such cases, the employer may credit his solvency either by classification or by crediting the fulfilment of the specific solvency requirements required in the contract documents and failing to comply with the requirements and by the means set out in paragraph 4 of this Article.

4. For contracts not subject to the classification requirement and not exempt from the requirement of accreditation of economic and financial solvency or technical or professional solvency, where the specifications do not specify the minimum criteria and requirements for their accreditation of tenderers or candidates who do not have the classification as appropriate to the contract shall credit their economic and financial, technical and professional solvency with the following criteria, minimum requirements and means of accreditation:

(a) The criterion for the accreditation of the economic and financial solvency shall be the annual turnover of the tenderer or candidate, which referred to the year of the highest turnover of the last three completed must be the less than one and a half times the estimated value of the contract where its duration is not more than one year, and at least one and a half times the average annual value of the contract if its duration exceeds one year.

The annual turnover of the tenderer or candidate shall be credited by means of its annual accounts approved and deposited in the Trade Register, if the employer is registered in that register, and otherwise by the deposited in the official register in which it is to be registered. Individual entrepreneurs not enrolled in the Commercial Registry will credit their annual turnover through their inventory books and annual accounts legalized by the Commercial Registry.

In contracts for which the object consists of professional services, instead of the annual turnover, the financial and economic solvency may be credited by the provision of risk-compensation insurance professionals, in force until the end of the time limit for the submission of tenders, in amount not less than the estimated value of the contract, as well as the commitment of their renewal or extension to ensure the maintenance of their coverage throughout the period performance of the contract. This requirement shall be understood to be fulfilled by the tenderer or candidate who includes, with his offer, a binding commitment to subscribe, if successful, to the insurance required, a commitment which must be made effective within the period of 10 days. Article 151 (2) of the recast text of the Law on Public Sector Contracts.

The accreditation of this requirement shall be carried out by means of a certificate issued by the insurer, consisting of the insured amounts and risks and the due date of the insurance, and by means of the commitment document binding subscription, extension or renewal of the insurance, in cases where appropriate.

(b) The criterion for the accreditation of technical or professional solvency shall be that of the experience in the performance of works or supplies of the same type or nature to which the subject-matter of the contract corresponds, to be credited by the relationship of the works or supplies carried out by the person concerned in the course of the last five years, or of the last 10 years, in the case of works, in both cases corresponding to the same type or type to which the subject of the contract, endorsed by certificates of good execution, and the minimum requirement shall be that the amount accumulated in the year of the highest execution is equal to or greater than 70% of the estimated value of the contract, or of its average annuity if it is less than the estimated value of the contract. For the purposes of determining the correspondence between accredited works or supplies and those constituting the subject matter of the contract, where there is classification applicable to the contract, the group and sub-group of classification to which they belong shall be treated. Each other, and in the other cases to the match between the first two digits of their respective CPV codes.

5. Unless in the contract documents it is established in such a way that it is required, the tenderers or candidates shall be exempt from the requirements for accreditation of the economic and financial solvency and the accreditation of technical solvency and professional for works contracts whose estimated value does not exceed EUR 80 000 and for contracts of other types whose estimated value does not exceed EUR 35,000. '

Two. Article 26 of the General Rules of the Public Administrations Act is amended, which is worded as follows:

" Article 26. Categories of classification of works contracts.

Works contracts are classified into categories according to their value. The expression of the amount shall be made by reference to the estimated value of the contract, where the duration of the contract is equal to or less than one year, and by reference to the average annual value of the contract, in the case of contracts of higher duration.

The categories of works contracts will be as follows:

-Category 1, if the amount is less than or equal to 150,000 euros.

-Category 2, if the amount is greater than EUR 150,000 and less than or equal to EUR 360,000.

-Category 3, if the amount is greater than EUR 360,000 and less than or equal to EUR 840,000.

-Category 4, if the amount is greater than EUR 840,000 and less than or equal to EUR 2,400,000.

-Category 5, if the amount is greater than EUR 2,400,000 and less than or equal to EUR 5 million.

-Category 6, if the amount is greater than five million euros.

Categories 5 and 6 shall not apply in sub-groups belonging to groups I, J and K. For such sub-groups the maximum classification category shall be category 4, and that category shall apply to contracts. of such sub-groups with a value exceeding EUR 840,000. '

Three. Article 27 of the General Rules of the Public Administrations Act is amended, which is worded as follows:

" Article 27. Classification of employers in sub-groups.

In order for an employer to be classified in a sub-group of classification of works contractors, he must prove, by any means admissible in law, that he has the personal, material, organisational and (a) technical requirements for the execution of the sub-group's work, as well as the ratings or authorisations for the exercise of the activity which are required, and shall be required to provide evidence of any of the following:

a) Haber executed specific works of the subgroup over the course of the last ten years.

b) In the last decade, there have been specific works by other related sub-groups of the same group, with similar sub-groups being understood to present analogies in terms of execution and equipment to be used.

(c) Having executed, within the same period of time as mentioned in the previous paragraphs, specific works of other sub-groups of the same group that are more complex in terms of implementation and require more important equipment, so that the subgroup concerned can be considered as dependent on one of those.

(d) When, without crediting the execution of specific works of the subgroup in the last decade, they have sufficient financial resources, of staff experienced in the execution of the works included in the subgroup, and of machinery or equipment of special application to the type of works included in the sub-group. For such purposes, it shall be understood that it has sufficient financial means when its net worth credited to the date of processing of the file, according to the last balance of accounts approved, exceeds the amounts fixed in the Article 35 (1) (d) for the maximum classification category which it may obtain in any of the groups and sub-groups requested. "

Four. Article 29 of the General Rules of the Public Administrations Act is amended, which is worded as follows:

" Article 29. Assignment of classification categories.

1. The assignment to an employer of a classification category in a given group or sub-group shall require the employer to credit his financial and economic solvency in the terms laid down in this Regulation and to demonstrate his/her capacity technical and professional for the performance of the contracts for that group or sub-group.

2. The category assigned to the employer in a classification sub-group for which it meets the requirements set out in the previous paragraph shall be determined on the basis of the highest of the following values:

a) The maximum annual amount executed by the contractor in the last decade in a work corresponding to the subgroup.

b) The maximum amount executed during any of the last ten calendar years due, or during the current year if it was higher, in a maximum of six sub-group works.

For these purposes, the works executed by a foreign subsidiary of the works contractor shall have the same consideration as those directly executed by the contractor itself, provided that the latter is directly or indirectly indirectly the control of that in the terms laid down in Article 42 of the Trade Code. In the case of works carried out by a foreign company which has been engaged by the contractor without the condition being met, only the work carried out by the participating company in the proportion shall be recognised as an experience attributable to the contractor. of the participation of that in the social capital of this.

3. The basic figure thus obtained may be improved by the following percentages:

a) A 20 per 100 fixed, general application to all contractors, in concept of natural expansion of companies.

(b) Up to 50 per 100 depending on the number and professional status of its management and technical staff in relation to the average annual amount of work carried out in the last five years. The technical assistance contracted shall also be taken into consideration, where appropriate.

c) Up to 70 per 100 depending on the current amount of its machinery park also related to the average annual amount of the work executed in the last five years. The amounts paid for the concept of renting machinery will also be considered.

(d) Up to 80 per 100 as a result of the relationship between the average annual amount of net worth in the last three financial years and the amount, also half a year, of the work executed in the last five years.

e) Up to 100 per 100 dependent on the number of years of constructive contractor experience or the amount of work performed in the last five years.

All the percentages that apply will operate directly on the base, so the minimum increase that you can experience will be 20 per 100 and the maximum of one 320 per 100.

4. In the cases referred to in paragraph (d) of Article 27, classification under category 1 may be granted only.

5. The category obtained directly in a sub-group shall be extended to all sub-groups related to or dependent on it.

6. The category in a group shall be a result of those obtained in the basic sub-groups of the group, as follows:

a) If the number of basic subgroups of a group is not greater than two, the category in the group shall be the minimum obtained in those subgroups.

b) If the number of basic subgroups of a group is greater than two, the category in the group shall be the minimum of those obtained in the two sub-groups in which it has reached the highest.

7. The category obtained in a group shall give rise to the classification with the same category in all the sub-groups of the group, except that it has been directly reciprocated by another group in one of them, in which cases they shall be held. '

Five. Article 35 of the General Rules of the Public Administrations Act is amended, which is worded as follows:

" Article 35. Direct and indirect classification into subgroups.

1. For direct classification into subgroups the following rules will be taken into account:

(a) In order to determine the possibilities for the annual performance of a contractor in specific works of a subgroup of those set out in Article 25, the following formula shall be applied: K = O x I.

In which the symbols set represent:

O = Maximum annual amount deemed to be executed by the contractor in works of the subgroup, calculated in accordance with the provisions of Article 29 (2).

I = Company's own index.

(b) The value I obtained in accordance with Articles 30, 31, 32, 33 and 34 shall be transformed for application in the formula referred to in paragraph (a) into a value I ' obtained according to the following table of correspondence:

2.80

I '

1,20

1,70

1.90

1,70

1,70

2.00

1.90

2.00

2.40

2.20

2.60

2.70

2.40

2.80

2.90

2.60

3.00

2.70

2.90

3.20

3,30

3.30

3.10

3.40

3.20

3.30

3.60

3.40

3.70

3.50

3.80

3.60

3.90

3.70

4.00

3.80

4.00

3.90

4.00

4.20

4.20

4.20

4.20

(c) The value K obtained in the formula in subparagraph (a) shall determine the category which, in the sub-group concerned, corresponds to the contractor according to the following table:

More

360,000 and up to 840,000.

Value

-

(Euros)

Category

Up to 150,000.

1

than 150,000 and up to 360,000.

2

More than 840,000 and up to 2,400,000.

4

More 2.400,000 and up to 5,000,000.

5

than 5,000,000.

6

However, in the classification that results from the comparison with the previous scale, it cannot be granted, in any case, a higher category in more than one degree of the mentioned scale to which it would correspond to the new consideration of the value of O multiplied by 1,2.

(d) The application of the provisions of subparagraph (a) shall require the undertaking to credit its financial and economic solvency by the availability of equity, according to the balance sheet corresponding to the last financial year of the accounts approved annually, in respect of the date on which the classification is requested, which, for each of the categories, reaches the following amounts:

Category 1, 15,000 Euros.

Category 2, 36,000 euros.

Category 3, EUR 84,000.

Category 4, EUR 240,000.

Category 5, 500,000 Euros.

Category 6, EUR 1,000,000.

When the net worth value does not reach the amounts fixed for each category, it shall be allocated on the basis of such values.

notwithstanding the foregoing, where, after the end of the last financial year, capital increases have been made, or relevant and verifiable financial events have occurred, the effects of which are (a) the company's net income is equivalent to that of an increase in capital, and such extensions or events result in an increase in net worth in respect of the existing one at the end of the last social year, for the purposes set out in this Article may be taken into account in the net worth of an intermediate annual account following the closure of the last social year, approved by the company and audited under the same conditions as the last annual accounts, provided that the increase in net worth at the close of those intermediate accounts in respect of which the last approved annual accounts are produced as a direct result of the capital increase made or of the financial fact occurring.

(e) Where experience in the execution of works corresponding to the sub-group is not credited with the classification to be granted in accordance with the provisions of Article 27 (d), it shall be subject to the availability of assets net specified in the previous section.

2. The classification obtained by a contractor in accordance with the rules laid down in paragraph 1 shall result in classification being granted, with the same category in other sub-groups of the same group considered to be related or dependent on that group in which the has reached classification, even if you have not performed specific works on them.

They are set as like-or-dependent subgroups:

a) Those classified in the A-2 subgroup, explanations, or in the A-5, tunnels, will also be classified in the sub-groups A-1, A-3 and A-4.

(b) Those classified in the B-2 sub-group, of reinforced concrete, shall be classified in the B-1, factory or mass concrete.

(c) Classified in the prestressed concrete subgroup B-3 shall be classified in subgroups B-2 and B-1.

d) The D-1 subgroup, laying of tracks, classifies the D-5 subgroup, railroads with no specific qualification.

e) Those classified in any of the E-1 sub-groups, supplies and healings, E-4, acequias and drains, and E-5, margin defenses and encauzations, will be equally classified in all of them and will also classify the subgroup E-7, waterworks without specific qualification.

f) Those classified in some of the E-2 subgroups, dams, E-3, channels or E-6, pipes with large diameter pressure pipes, will automatically be classified in the subgroups E-1, E-4, E-5 and E-7, specified in the previous paragraph.

g) Those classified in the subgroups F-1, dredged, F-2, escorts and F-4, with reinforced concrete drawers, will classify the subgroup F-7, maritime works without specific qualification.

h) The classifieds in the F-4 subgroup, with reinforced concrete drawers, will also be classified in the subgroup F-3, with concrete blocks.

i) The subgroup G-1, motorways, autobans, will classify the subgroups G-2, landing strips, G-3, with firm of hydraulic concrete, G-4, with firm of bituminous mixtures, G-5, signalisations and roads, G-6, works vials with no specific qualification.

j) The subgroup G-1, motorways, motorways, can also be classified if it is classified in all the following sub-groups: A-2, explanations, A-5, tunnels, B-3, of prestressed concrete, G-3, with firm of hydraulic concrete, G-4, with firm of bituminous mixtures and K-2, surveys, injections and pilotages. The category in this subgroup shall be the lowest of the categories of A-2, A-5, B-3, G-3, G-4 and K-2.

k) The G-3 subgroup, with strong hydraulic concrete and the G-4 subgroup, with firm of bituminous mixtures, will classify any of them into the G-6 subgroup, roadworks without specific qualification.

l) The sub-group H-1, pipelines, will classify the H-2 subgroup, pipelines, and the H-2 subgroup, pipelines will classify the H-1 subgroup, pipelines.

m) Classification in any subgroup of the I-1 to I-8 will automatically classify the I-9 subgroup. "

Six. The text of Article 37 of the General Regulation on the Law on Public Administration Contracts is amended as follows:

" Article 37. Classification groups and subgroups in service contracts.

1. The groups and sub-groups of activities by specialties, of application for the enterprises in the service contracts, shall be as follows:

Group L)

Subgroup 1. Auxiliary services for file and similar administrative jobs.

Subgroup 3. Surveys, data collection and similar services.

Subgroup 5. Organisation and promotion of congresses, fairs and exhibitions.

Subgroup 6. Goalkeeping, access control and information services to the public.

Group M)

Subgroup 1. Sanitization, disinfection, disinterment and deratization.

Subgroup 2. Security, custody, and protection services.

Subgroup 4. Graphic arts.

Subgroup 5. Libraries, archives and museums services.

Subgroup 6. Hospitality and food services.

Group O)

Subgroup 1. Conservation and maintenance of buildings.

Subgroup 2. Conservation and maintenance of roads, tracks, motorways, highways, driveways, and railways.

Subgroup 3. Conservation, maintenance and exploitation of water and sewer systems.

Subgroup 4. Conservation, maintenance and exploitation of purification stations.

Subgroup 6. Conservation and maintenance of mountains and gardens.

Group P)

Subgroup 1. Maintenance and repair of electrical and electronic equipment and installations.

Subgroup 2. Maintenance and repair of plumbing, water and gas plumbing equipment and installations.

Subgroup 3. Maintenance and repair of heating and air conditioning equipment and installations.

Subgroup 5. Maintenance and repair of fire and safety equipment and installations.

Subgroup 7. Maintenance and repair of equipment and installations of lifting and horizontal translation equipment.

Q Group)

Subgroup 1. Maintenance and repair of machinery.

Subgroup 2. Vehicle maintenance and repair.

Group R)

Subgroup 1. Carriage of passengers by road.

subgroup 2. Moving sick by any means of transport.

Subgroup 5. Collection and transport of waste.

Subgroup 6. Air services.

Subgroup 9. Messaging, correspondence and distribution services.

Group T)

Subgroup 1. Advertising services.

Subgroup 5. Services of translators and interpreters.

Group U)

Subgroup 1. Cleaning services.

Subgroup 4. Travel agencies.

subgroup 8. Information and telephone assistance services.

Group V)

Subgroup 3. Maintenance and repair of computer and telecommunications equipment and installations.

Subgroup 4. Telecommunications services.

Subgroup 5. Exploitation and control of computer systems and telematics infrastructures.

2. The work or activities covered by each of the classification sub-groups are as detailed in Annex II, in which the correspondence of the service classification sub-groups with the CPV codes of the included works is collected. in each subgroup. "

Seven. Article 38 of the General Rules of the Public Administrations Act is amended, which is worded as follows:

" Article 38. Classification categories in service contracts.

Service contracts are classified into categories according to their value. The expression of the amount shall be made by reference to the estimated value of the contract, where the duration of the contract is equal to or less than one year, and by reference to the average annual value of the contract, in the case of contracts of higher duration.

The categories of service contracts will be as follows:

Category 1, where the amount of the contract is less than EUR 150,000.

Category 2, where the amount of the contract is equal to or greater than EUR 150,000 and less than EUR 300,000.

Category 3, where the amount of the contract is equal to or greater than EUR 300,000 and less than EUR 600,000.

Category 4, where the amount of the contract is equal to or greater than EUR 600,000 and less than EUR 1,200,000.

Category 5, where the amount of the contract is equal to or greater than 1,200,000 euros. "

Eight. Article 39 of the General Rules of the Public Administrations Act is amended, which is worded as follows:

" Article 39. Classification into subgroups and categories.

1. In order for a contractor to be classified in a sub-group of classification of service contractors, he must prove, by any permissible means in law, that he has the necessary personal, material, organisational and technical means for the execution of the work of the subgroup, as well as of the ratings or authorizations for the exercise of the activity or profession that are required, and it shall be necessary to prove any of the following circumstances:

a) Haber executed at least one sub-group specific service contract over the course of the last five years.

(b) Where, without crediting the execution of specific service contracts of the sub-group in the last five years, sufficient financial resources, experienced technical personnel and special equipment or equipment are available application to the type of activity referred to in the subgroup. For such purposes, it shall be understood that it has sufficient financial means when its net worth credited to the date of processing of the file, according to the last balance of approved accounts, is equal to or greater than the tenth part of the average annuity of contracts for which the award gives you the highest ranking category that you can obtain in any of the groups and sub-groups requested.

2. For employers who meet the requirements set out in point (a) of the preceding paragraph, the category in the requested subgroup shall be fixed on the basis of the largest of the following amounts:

(a) The maximum annual amount that has been executed by the contractor in the last five years in a single work for the subgroup.

(b) The maximum annual amount executed in one of the last five calendar years in a maximum of four sub-group work, affected by this amount of a reducing coefficient depending on the number of them.

3. The higher number of those obtained in either of the two forms set out in the previous paragraph may be improved in the many percentage points mentioned below:

a) A 20 per 100 fixed, of general application to all contractors in concept of natural expansion of companies.

(b) Up to 50 per 100, depending on the number and professional status of your technical staff in relation to the average annual amount of work carried out over the last three years. The technical assistance contracted shall also be taken into consideration, where appropriate.

c) Up to 70 per 100, depending on the current amount of your machinery, also related to the average annual amount of service contracts executed in the last three years. The amounts paid for the concept of renting machinery will also be considered.

(d) Up to 80 per 100 as a result of the relationship between the average annual net worth of equity in the last three financial years and the amount, also half a year, of the service contracts executed in the same financial year. time period.

e) Up to 100 per 100, depending on the number of years of experience of the contractor or the amounts of service contracts executed in the last three years.

All the so many per cent to apply will operate directly on the base, so the minimum increase you can experience will be 20 per 100, and the maximum one 320 per 100.

4. In the cases referred to in point (b) of paragraph 1, only classification under category 1 may be granted. '

Nine. Article 45 of the General Rules of the Public Administrations Act is amended, which is worded as follows:

" Article 45. Direct classification into subgroups and in special cases.

A) Direct classification into subgroups.

1. The following formula shall apply to determine the annual execution possibilities of a company in specific services of a subgroup of those set out in Article

:

K = O × I,

in which the symbols set represent:

O, maximum annual amount executed by the company in a subgroup contract.

I, the company's own index.

2. The maximum annual amount executed by a company in a subgroup (O) shall be considered to be the largest of the following two values:

a) The amount of the maximum annuity executed in a subgroup contract over the last five years.

(b) Maximum value resulting from the five-year period by multiplying the amount executed in each year of the year by a maximum of four sub-group contracts, by a coefficient dependent on the number of them at the same time, given by the following table:

Number of contracts

Coefficient

1

1

2

0.9

3

4

4 Centro_table_body"> 0.7

3. The value obtained in the formula (A) 1 shall determine the category which, in the sub-group concerned, corresponds to the service undertaking in accordance with

following table:

K

-

(Euros)

or greater than 300,000 and less than 600,000

Category

1

Equal to or greater than 150,000 and less than 300,000

1

2

3

to or greater than 600,000 and less than 1,200,000

4

Equal or greater than 1,200,000

5

However, the classification that results from the comparison with the previous scale, cannot be awarded a higher category in more than one degree of the mentioned scale to which it would correspond to the mere consideration of the value Or multiplied by 1,2.

B) Classification in special cases.

1. It shall be understood as special classification cases for all those in which the formula (A) 1 does not apply directly to the undertaking in the last five years of work of the type for which it applies. classification.

2. In all the special cases, the origin of the classification shall be the estimated result of the possibilities of the undertaking for the execution of the type of work concerned, deducted from the examination of the following:

a) Experience of managerial and technical staff in the type of work corresponding to the requested subgroup.

(b) Machinery and equipment which is particularly applicable to the type of work in question.

3. Once the classification has been estimated in the sub-group requested, the category corresponding to it shall be determined by application of the formula (A) 1, fixing by assessment the value to be taken for the factor OR representative of the maximum annual amount that is considered to be currently able to be executed by the company in the services of the subgroup. "

Ten. Article 46 of the General Rules of the Public Administrations Act is amended, which is worded as follows:

" Article 46. Requirements and effects of the classification of services.

For service contracts the classification of the employer will not be required. In the contract notice or in the invitation to participate in the procedure and in the contract documents, the minimum criteria and requirements for economic and financial solvency and technical or professional solvency shall be laid down in the contract. terms set out in Article 67 of this Regulation as in terms of the classification sub-group and the minimum qualifying category, provided that the subject of the contract is included in the scope of classification of any of the groups or classification sub-groups in force, taking into account the CPV code of the contract. In such cases, the employer may credit his solvency either by classification in the classification sub-group corresponding to the contract or by crediting the fulfilment of the specific solvency requirements required in the notice of invitation to tender or in the invitation to participate in the procedure and detailed in the contract documents. Failing these, the accreditation of the solvency shall be carried out in accordance with the provisions of Article 11 (4). "

Once. Article 67 (3) (b) is amended as follows:

" b) Contractor selection criteria.

1. Group or Classification subgroup and contract classification category. A classification in the group or sub-group corresponding to the contract, with a category equal to or greater than that corresponding to its average annual amount, shall be a sufficient accreditation of the economic, financial and technical solvency of the employer. For works contracts of an amount equal to or greater than the threshold for classification requirements, that condition shall also be a requirement for the selection of the contractor, except in the case of exemption from that condition laid down by the Law.

2. The selection criteria relating to the economic and financial solvency of the employer, which require employers not bound by the classification requirement and who do not credit the contract, specifying one or more several of the following:

• Annual business figure, or annual turnover in the area covered by the contract, in the last three years, with an express indication of the minimum required value.

• Net worth, or ratio between assets and liabilities, at the end of the last financial year for which the obligation to approve annual accounts is due, with an express indication of the minimum required value or the ratio minimum required, respectively.

3. Selection criteria and means of accreditation relating to the technical solvency of the employer, which are required of employers who are not obliged to the qualification requirement and who do not credit the contract, specifying one or more of the following:

• Relation of the works executed in the course of the last ten years corresponding to the same group or subgroup of classification to which the contract corresponds, endorsed by certificates of good execution for the works important; these certificates shall indicate the amount, dates and place of execution of the works and shall be specified if they were carried out in accordance with the rules governing the profession and were normally brought to fruition. Certificates of good execution of works included in the relationship whose recipient is a public sector entity may be communicated directly to the contracting authority by the contracting entity of the works.

For these purposes, the works executed by a foreign subsidiary of the works contractor shall have the same consideration as those directly executed by the contractor itself, provided that the latter is directly or indirectly indirectly the control of that in the terms laid down in Article 42 of the Trade Code. In the case of works carried out by a foreign company which has been engaged by the contractor without the condition being met, only the work carried out by the participating company in the proportion shall be recognised as an experience attributable to the contractor. of the participation of that in the social capital of this.

In the documents the annual amount shall be specified without including the taxes that the employer must credit as executed, in the year of greatest execution of the period indicated above, in the work of the group or sub-group to which it corresponds the contract.

• Statement indicating the technicians or technical units, whether or not they are integrated in the company, of which it is available for the execution of the works, accompanied by the corresponding supporting documents. The documents shall specify the academic or professional qualifications or certificates required, the number of technicians and the minimum professional experience required of those technicians, or the minimum characteristics and capacities of the units. required techniques, as appropriate.

• Academic and professional titles of the employer and the managers of the company and, in particular, of the person responsible or responsible for the works. The documents shall specify the academic or professional qualifications or certificates required.

• In appropriate cases, indication of the environmental management measures that the employer may apply when executing the contract, with an express indication of the technical standards or technical specifications applicable to the performance and to the objective verification of the correct application of those measures.

• Statement on the company's annual average workforce and the importance of its management staff over the last three years, accompanied by the relevant supporting documentation. The minimum values required for the specifications shall be specified in the specifications.

• Statement indicating the machinery, equipment and technical equipment to be available for the execution of the works, to which the relevant supporting documentation will be attached. The specifications shall specify the machinery, equipment and equipment which must be at least available to the employer, as well as the minimum functional capacities of each of them. "

Twelve. Article 67 (4) (b) is amended as follows:

" b) Contractor selection criteria.

1. The selection criteria for the economic and financial solvency of the employer to be applied, specifying one or more of the following:

• Annual business figure, or annual turnover in the area covered by the contract, in the last three years, with an express indication of the minimum required value.

• Where appropriate, supporting evidence of the existence of professional risk indemnity insurance, with an express indication of the risks covered, of its minimum term of validity or due date and of the minimum required value.

• Net worth, or ratio between assets and liabilities, at the end of the last financial year for which the obligation to approve annual accounts is due, with an express indication of the minimum required value or the ratio minimum required, respectively.

2. The selection criteria relating to the technical or professional solvency of the employer to be applied, specifying one or more of the following:

• A relationship of the main services performed in the last five years that includes amount, dates and the recipient, public or private, of the same. The services or works carried out shall be accredited by certificates issued or endorsed by the competent body, where the consignee is a public sector entity; where the consignee is a private subject, by means of a certificate issued by the latter or, in the absence of this certificate, by means of a declaration by the employer; where appropriate, these certificates shall be communicated directly to the contracting authority by the competent authority. The annual amount shall be specified in the documents to be credited by the employer as being executed during the year of greatest execution of the said period, in services of equal or similar nature as those constituting the object of the contract, taking into account as a criterion for correspondence between the services performed by the employer and those constituting the object of the contract, the membership of the same classification subgroup, if the contract is covered by one of those established in this rules, and otherwise the equality between the first two digits of the respective codes CPV. Certificates of good execution of the services included in the relationship whose recipient was a public sector entity may be communicated directly to the contracting authority by the contracting entity of the services.

• Indication of technical personnel or technical units, whether integrated or not in the company, participants in the contract, especially those in charge of quality control. Where this criterion is included in the documents, they shall specify the academic or professional qualifications or accreditations required of the employer's technical staff and the number of technicians and minimum professional experience required of them. technical units, or the minimum characteristics and capacities of the required technical units, as appropriate.

• Description of the technical facilities, of the measures employed by the entrepreneur to guarantee the quality and the means of study and investigation of the company. Where this criterion is included in the specifications, the functionalities shall be specified and the minimum capacities required for each of the required means shall be quantified.

• In the case of complex services or works or where, exceptionally, they are required to respond to a special purpose, a check carried out by the contracting authority or, on behalf of the contracting authority, by an official or approved body the competent authority of the State in which the employer is established, provided that the employer is in agreement. The control shall be based on the technical capacity of the employer and, if necessary, on the means of study and research available to him and on the quality control measures. Where this criterion is included in the documents, they shall be described precisely in functional terms and the minimum capacity required of the employer in terms of units or measures appropriate to the nature of the services shall be quantified. contracted. If controls on the means of study and research or on the measures employed to control quality are also included, the specifications shall specify the functionalities and quantify the minimum capacities required of each other.

• The academic and professional qualifications of the employer and the management staff of the company and, in particular, the staff responsible for the performance of the contract. The documents shall specify the academic or professional qualifications or certificates required, and the documents accepted for accreditation.

• In appropriate cases, indication of the environmental management measures that the employer may apply when executing the contract, with an express indication of the technical standards or technical specifications applicable to the performance and to the objective verification of the correct application of those measures.

• Statement on the company's annual average workforce and the importance of its management staff over the last three years, accompanied by the relevant supporting documentation. The minimum values required for the specifications shall be specified in the specifications.

• Statement indicating the machinery, equipment and technical equipment to be available for the execution of the work, to which the relevant supporting documentation will be attached. The specifications shall specify the machinery, equipment and equipment which must be at least available to the employer, as well as the minimum functional capacities of each of them.

• Part or parts of the contract that the employer intends to subcontract. The specifications shall specify the maximum percentage of subcontracting admitted, and where appropriate, the part or parts of the contract which cannot be subcontracted to a third party.

Where the performance of the contract requires the execution of works or installations, the specifications may additionally collect a number of the selection criteria relating to the solvency of the employer applicable to the contracts. of works, including those falling within the meaning of point 3 (b) of paragraph 3. "

Thirteen. Article 67 (5) (b) is amended as follows:

" b) Contractor selection criteria.

1. The selection criteria for the economic and financial solvency of the employer to be applied, specifying one or more of the following:

• Annual business figure, or annual turnover in the area covered by the contract, in the last three years, with an express indication of the minimum required value.

• Net worth, or ratio between assets and liabilities, at the end of the last financial year for which the obligation to approve annual accounts is due, with an express indication of the minimum required value, or of the ratio minimum required, respectively.

2. The selection criteria relating to the technical solvency of the employer to be applied, specifying one or more of the following:

• Relation of the main supplies made during the last five years which are of the same or similar nature as those constituting the object of the contract, having regard to that effect in the first two digits of the respective CPV codes, indicating their amount, dates and public or private recipients of the CPV codes. Supplies shall be certified by certificates issued or issued by the competent authority, where the consignee is a public sector entity or where the consignee is a private buyer, by means of a certificate issued by the latter or, in the absence of such a certificate, by means of a declaration by the employer. The annual amount shall be specified in the documents to be credited by the employer as being executed, in the year of greatest execution of the period indicated above, in supplies of equal or similar nature as those of the contract. Certificates of good performance of the supplies included in the relationship whose recipient was a public sector entity may be communicated directly to the contracting authority by the contracting entity of the supply.

• Indication of technical personnel or technical units, whether integrated or not in the company, of which the contract is to be carried out, in particular those responsible for quality control. Where this criterion is included in the documents, they shall specify the academic or professional qualifications or accreditations required of the employer's technical staff and the number of technicians and minimum professional experience required of them. technical units, or the minimum characteristics and capacities of the required technical units, as appropriate.

• Description of the technical facilities, of the measures employed to guarantee the quality and of the means of study and investigation of the company. Where this criterion is included in the specifications, the functionalities shall be specified and the minimum capacities required for each of the means required by the criterion shall be quantified.

• Control carried out by the entity of the contracting public sector or, on its behalf, by an official competent body of the State in which the employer is established, provided that the employer's agreement provides for the products to be supplied are complex or where, exceptionally, they must respond to a particular purpose. This control will cover the production capacity of the employer and, if necessary, the means of study and research to which it counts, as well as the measures employed to control quality. Where this criterion is included in the specifications, the minimum production capacity required of the employer shall be specified in terms of physical units produced per unit of time under normal production conditions. If controls are also included on the means of study and research or on the measures employed to control the quality of the specifications, the functionalities must be specified and the minimum capacities required of each other be quantified.

• Certificates issued by the official institutes or services responsible for quality control, of recognised competence, attesting to the conformity of products perfectly detailed by reference to certain specifications or standards. Where this criterion is included in the specifications, the technical standards or official technical specifications for which conformity with the required certificates shall be accredited shall be specified.

• Contribution of samples, descriptions and photographs of the products to be supplied, the authenticity of which can be certified at the request of the contracting entity. "

Fourteen. Article 67 (7) (b) is amended as follows:

" b) Contractor selection criteria.

1. Group or Classification subgroup and contract classification category. A classification in the sub-group corresponding to the contract, with a category equal to or greater than that corresponding to its average annual amount, shall be fairly credentialed to the economic, financial and technical solvency of the employer.

2. The selection criteria for the economic and financial solvency of the employer to be applied, specifying one or more of the following:

• Annual business figure, or annual turnover in the area covered by the contract, in the last three years, with an express indication of the minimum required value.

• Where appropriate, supporting evidence of the existence of professional risk indemnity insurance, with an express indication of the risks covered, of its minimum term of validity or due date and of the minimum required value.

• Net worth, or ratio between assets and liabilities, at the end of the last financial year for which the obligation to approve annual accounts is due, with an express indication of the minimum required value or the ratio minimum required, respectively.

3. The selection criteria relating to the technical or professional solvency of the employer to be applied, specifying one or more of the following:

• A relationship of the main services performed in the last five years that includes amount, dates and the recipient, public or private, of the same. The services or works carried out shall be accredited by certificates issued or endorsed by the competent body, where the consignee is a public sector entity; where the consignee is a private subject, by means of a certificate issued by the latter or, in the absence of this certificate, by means of a declaration by the employer; where appropriate, these certificates shall be communicated directly to the contracting authority by the competent authority. The annual amount shall be specified in the documents to be credited by the employer as being executed during the year of greatest execution of the said period, in services of equal or similar nature as those constituting the object of the contract, taking into account as a criterion for correspondence between the services performed by the employer and those constituting the object of the contract, the membership of the same classification subgroup, if the contract is covered by one of those established in this rules, and otherwise the equality between the first two digits of the respective codes CPV. Certificates of good execution of the services included in the relationship whose recipient was a public sector entity may be communicated directly to the contracting authority by the contracting entity of the services.

• Indication of technical personnel or technical units, whether integrated or not in the company, participants in the contract, especially those in charge of quality control. Where this criterion is included in the documents, they shall specify the academic or professional qualifications or accreditations required of the employer's technical staff and the number of technicians and minimum professional experience required of them. technical units, or the minimum characteristics and capacities of the required technical units, as appropriate.

• Description of the technical facilities, of the measures employed by the entrepreneur to guarantee the quality and the means of study and investigation of the company. Where this criterion is included in the specifications, the functionalities shall be specified and the minimum capacities required for each of the required means shall be quantified.

• In the case of complex services or works or where, exceptionally, they are required to respond to a special purpose, a check carried out by the contracting authority or, on behalf of the contracting authority, by an official or approved body the competent authority of the State in which the employer is established, provided that the employer is in agreement. The control shall be based on the technical capacity of the employer and, if necessary, on the means of study and research available to him and on the quality control measures. Where this criterion is included in the documents, they shall be described precisely in functional terms and the minimum capacity required of the employer in terms of units or measures appropriate to the nature of the services shall be quantified. contracted. If controls on the means of study and research or on the measures employed to control quality are also included, the specifications shall specify the functionalities and quantify the minimum capacities required of each other.

• The academic and professional qualifications of the employer and the management staff of the company and, in particular, the staff responsible for the performance of the contract. The documents shall specify the academic or professional qualifications or certificates required, and the documents accepted for accreditation.

• In appropriate cases, indication of the environmental management measures that the employer may apply when executing the contract, with an express indication of the technical standards or technical specifications applicable to the performance and to the objective verification of the correct application of those measures.

• Statement on the company's annual average workforce and the importance of its management staff over the last three years, accompanied by the relevant supporting documentation. The minimum values required for the specifications shall be specified in the specifications.

• Statement indicating the machinery, equipment and technical equipment to be available for the execution of the work, to which the relevant supporting documentation will be attached. The specifications shall specify the machinery, equipment and equipment which must be at least available to the employer, as well as the minimum functional capacities of each of them.

• Part or parts of the contract that the employer intends to subcontract. The specifications shall specify the maximum percentage of subcontracting admitted, and where appropriate, the part or parts of the contract which cannot be subcontracted to a third party. "

Fifteen. Article 67 (6) of the General Rules of the Law on Public Administration Contracts is deleted.

Sixteen. Annex II to the General Regulation on the Law on Public Administrations Contracts is amended, which is replaced by the Annex hereto.

Additional disposition first. Updating the service contract classification subgroups.

The relationship of the service classification sub-groups as set out in Article 37, as well as the correspondence between those sub-groups and the CPV codes of the contracts set out in Annex II, may be updated by Order of the Minister of Finance and Public Administrations, prior to the report of the Advisory Board of Administrative Contracting of the State, when advising on the economic situation or the circumstances of public procurement.

Additional provision second. Deconcentration of competencies in supply contracts.

Without prejudice to the powers that may have been attributed under the additional third provision of the recast text of the Law on Public Sector Contracts, approved by Royal Legislative Decree 3/2011, of 14 November, the contracting authorities of the ministerial departments and the autonomous bodies and other state public entities are dislocated the powers defined in Article 207 of the aforementioned recast text for the acquisition and the leasing of equipment and systems for the processing of information, its devices and programmes and the transfer of the right of use to the latter provided that the tender budget for such contracts is less than one million euro, the value added tax excluded.

Supply contracts that affect multiple ministerial departments are excepted.

First transient disposition. Initiated cases and contracts awarded prior to the entry into force of this royal decree.

The procurement files initiated prior to the entry into force of this royal decree will be governed by the previous regulations. For this purpose, it is understood that the procurement files have been initiated if the relevant call for the contract award procedure has been published. In the case of negotiated procedures, the date of approval of the specifications shall be taken into account in determining the time of initiation.

Second transient disposition. Classification payable for works contracts.

For works contracts for which the time limit for the submission of tenders ends before 1 January 2020, the classifications in the sub-groups included in Article 26 of the Regulation shall have their effects, with the scope and limits For each subgroup and category of classification, whether they were granted in the terms established by this royal decree, and whether they were granted prior to its entry into force and in the terms established by the Royal Decree 1098/2001 of 12 October 2001 on the adoption of the general regulation of the Law of Public Administration contracts, according to the following table of equivalences:

Category

Royal Decree 1098/2001

1

A or B

C

3

4

E

5

F

6

F

Transitional provision third. Classifications of service contracts awarded prior to the entry into force of the royal decree.

From the entry into force of this royal decree, the classification for service contracts will not be required.

For service contracts in respect of which the time limit for the submission of tenders ends before the day one of January 2020, the classifications in the sub-groups included in Article 37 of the Regulation shall have their effects, with the scope and quantitative limits determined for each sub-group and classification category, whether they were granted in the terms established by this royal decree as if they were granted prior to their entry into force and in the established terms by Royal Decree 1098/2001 of 12 October 2001 on the adoption of the general regulation of the Law of the Public Administrations Contracts, according to the following table of equivalences:

Category

Royal Decree 1098/2001

1

A

2

B

3

C

4

D

5

Until 1 January 2016, the classifications in force at the date of entry into force of this royal decree, granted in accordance with the provisions of Royal Decree 1098/2001, corresponding to the sub-groups of classification existing prior to the entry into force of this royal decree and not included in Article 37 of the Regulation, will continue to have the effect of accreditation of the creditworthiness of the employer for those contracts in whose documents the classification in such sub-groups is accepted as an alternative selection criterion. The classifications granted in those sub-groups shall be extinguished by that date, the amendments corresponding to their seats in the Register of tenderers and undertakings classified in which they are registered shall be applied.

Transitional disposition fourth. Validity of the classifications granted before the actual entry into force of the royal decree.

The classifications granted prior to the entry into force of this royal decree will lose their validity and effectiveness on one of January 2020, proceeding to their own trade of the Registers of tenderers and companies. classified as entered.

Until that date, the justification for the maintenance of the economic and financial solvency and the technical or professional solvency of the companies that obtained and maintain in force their classification according to the regulations in force before the entry into force of this royal decree will continue to be governed by such legislation, for the purposes of maintaining its classification in the same terms in which it was granted.

The procedures for the review of the classification which, under the provisions of Article 70 (3) of the recast of the Law on Public Sector Contracts, are initiated after the entry into force of the This royal decree shall be governed by the provisions in force at the date of the commencement of the proceedings, except in the cases of proceedings initiated on its own initiative which are found to be in keeping with the conditions of solvency which they have determined. the obtaining of their classification in the terms in force at the time of their obtaining, circumstance which will result in the case file.

Transient disposition fifth. Classification and classification review files initiated at the request of the data subject after the publication of the royal decree.

The provisions of this royal decree relating to the processing of the classification or classification records initiated at the request of the person concerned shall apply to the processing and resolution of the files initiated with or after the date of approval and publication by the Advisory Board of Administrative Contracting of the State of the forms of application referred to in Article 47 of the General Law of the Law Contracts of general government, subject to the adaptation of computer applications required for instrumentation.

Single repeal provision. Regulatory repeal.

All rules of equal or lower rank are repealed as soon as they contradict or oppose the provisions of this royal decree.

Single end disposition. Entry into force.

Without prejudice to the provisions of its transitional provisions, this royal decree shall enter into force two months after its publication in the "Official Gazette of the State".

Given in Madrid, 28 August 2015.

FELIPE R.

The Minister of Finance and Public Administrations,

CRISTOBAL MONTORO ROMERO

ANNEX II

Correspondence between classification subgroups and CPV codes of service contracts

79570000-0

mail.

denomination.

CPV

50112300-6

Subgroup R-1

CPV

90512000-9

T-1

L

Subgroup L-1

CPV

denomination.

79500000-9

Services help in office functions

79521000-2

photocopy services.

79550000-4

typing, text processing, and autoedit services

79551000-1

typing services.

79560000-7

79570000-0

79570000-0

79571000-7

Shipping services by mail.

Subgroup L-3

CPV

Naming.

79311210-2

Telephone Survey Services

72313000-2

Data Collection Services

79320000-3

Services public opinion polls

79342310-9

Customer survey services

L-5 Subgroup

CPV

Denomination.

79950000-8

Organization services for exhibitions, fairs, and congresses

79952000-2

Event services

79956000-0

Trade and exhibition organization services.

L-6 Subgroup

CPV

Naming.

98341120-2

98341130-5

Concierge Services

Group M

M-1 Subgroup

CPV

.

90670000-4

Disinfection and extermination services in urban or rural areas

90920000-2

Facilities sanitizing services.

90921000-9

Disinfection and Extermination Services.

90922000-6

90923000-3

90923000-

90924000-0

Fumigation services.

M-2 Subgroup

CPV

Naming.

79710000-4

Security Services.

79713000-5

Security Guard Services

79714000-2

Services

98341140-8

CPV

CPV

denomination.

79520000-5

Reprogram Services.

79800000-2

79810000-5

79811000-2

Digital Print Services.

79812000-9

Services printing bank notes

79820000-8

Print-related services

79821000-5

Print finishing services.

79821100-6

Test reading services

79822000-2

Composition Services.

79822100-3

stereotype services.

79822200-4

Services photorecorded.

79822300-5

Typography Services

79822400-6

lithography services.

79822500-7

Graphic Design Services

79823000-9

Services printing and delivery

79824000-6

Print and Distribution Services

79971000-1

Binding and book finishing services.

79971100-2

Book finishing services.

79971200-3

Book Binding Services.

M-5 Subgroup

CPV

.

79995000-5

Library Management Services

79995100-6

79995200-7

cataloging services

92510000-9

Library and file services

92511000-6

Library Services.

92512000-3

Services files.

92521000-9

Museum services.

92521100-0

Museum Exposure Services.

CPV

CPV

55100000-1

Hospitality services.

55110000-4

Services of hotel accommodation

55130000-0

Other hotel services

55240000-4

Holiday center and vacation home services.

55241000-1

Holiday center services

55242000-8

Holiday Home Services.

55243000-5

Child Holiday Colony Services

55270000-3

Services provided by accommodation establishments offering bed and breakfast

55321000-6

Services preparing meals

55322000-3

Meal Processing Services.

55330000-2

Coffee Services.

55510000-8

Cantin Services.

55523100-3

Meal Services for schools.

Group O

O-1 Subgroup

45261200-6

Coating Jobs and covered paint.

45261210-9

Coating jobs.

45261211-6

Placement of tiles.

45261212-3

Roofing Empizarment.

45261214-7

Coating covered with asphaltic fabric

45261220-2

Painting jobs and other cover-covering jobs

45261221-9

Painting Jobs covers

45261222-6

Recorder covers with cement.

45261300-7

Placing of water and gutters.

45261310-0

Placing of water.

45261320-3

Placement of gutters.

45261400-8

Coating jobs.

45261410-1

Isolation jobs for roofs.

45261420-4

Waterproofing jobs.

45261900-3

Repair and roofing maintenance

45261910-6

Roofing repair.

45261920-9

Maintenance of rooftops.

45262213-7

Procedure for roars in the paraments.

45262320-0

Jobs scraped.

45262321-7

Soil scraping jobs.

45262330-3

Concrete repair work.

45262500-6

masonry and masonry jobs.

45262512-3

Jobs with carved stone

45262520-2

Masonry jobs.

45262521-9

Brick cladding works

45262522-6

masonry jobs.

45262650-2

Coating Jobs facades

90690000-0

Painted cleaning services.

CPV

denomination.

CPV

50225000-8

Railway maintenance services.

50230000-6

Repair, maintenance, and associated services related to roads and other equipment

90620000-9

Snow clearing and removal services

90630000-2

Cleaning and Ice Removal Services.

CPV

denomination.

CPV

50514100-2

cisterns repair and maintenance services

50514200-3

Repository repair and maintenance services

65110000-7

Water Distribution.

65130000-3

Exploitation water supply

90400000-1

Sewerage services.

90913000-0

Tank and tank cleaning services

90913100-1

Tank Cleaning Services

90913200-2

Services

Subgroup O-4

CPV

Naming

denomination

Table_table_izq"> 65120000-0

Exploiting a water-purifying plant

90481000-2

Exploitation of a wastewater treatment plant

Subgroup O-6

CPV

denomination.

77211500-7

Tree Maintenance Services

77230000-1

77231000-8

Management

77231000-8

77231100-9

Resource Management Services foresters.

77231200-0

Forest Pest Control Services.

77231300-1

Forest Administration Services

77231400-2

Forest Inventory Services.

77231500-3

Tracking or Forest Assessment Services.

77231600-4

Forest Repopulation Services.

77231700-5

Forest extension services

77231800-6

Forest Nursery Management Services

77231900-7

Sectoral Forest Planning Services

77310000-6

Planting and Maintenance Services for Green Zones

77311000-3

Garden Maintenance Services and parks.

77312000-0

77312100

1

77312100-

77313000-7

Park Maintenance Services.

77314000-4

Land Maintenance Services

77314100-5

EncespedServices.

77315000-1

Splanting jobs.

77320000-9

Sports Field Maintenance Services

77340000-5

Poda of trees and hedges.

77341000-2

Poda of trees.

77342000-9

Sets pod.

92531000-2

Botanical Garden Services.

Group P

P-1 Subgroup

CPV

Denomination.

50232000-0

Maintenance Services for Public Lighting and Traffic Lights

50232100-1

Maintenance Services street street lighting

50232110-4

Puesta to Public Lighting Facilities Point.

50232200-2

Token Maintenance Services traffic.

50411300-2

Power meter repair and maintenance services

50411500-4

Repair and Maintenance Services Industrial timing equipment

50532000-3

Electrical machinery, appliances and equipment repair and maintenance services associated.

50532100-4

Electrical engine repair and maintenance services

50532200-5

repair and maintenance services transformers

50532300-6

Generator repair and maintenance services.

50532400-7

Electrical distribution equipment repair and maintenance services

50711000-2

Building electrical equipment repair and maintenance services

P-2 Subgroup

CPV

denomination.

50411100-0

Water meter repair and maintenance services

50411200-1

Counter repair and maintenance services

50510000-3

Repair and maintenance services for pumps, valves, taps, and metal containers.

50511000-0

Pump repair and maintenance services

50511100-1

Repair and maintenance services for liquids.

50511200-2

Gas pump repair and maintenance services

50512000-7

50513000-4

50513000-4

50513000-4

taps

50514000-1

Metal Container Repair and Maintenance Services

50514100-2

Repair Services and maintenance of cisterns.

50514200-3

Repository repair and maintenance services

50514300-4

Coating Repair Services of the sheathing tubes.

Subgroup P-3

CPV

Denomination.

50720000-8

Repair and central heating maintenance services.

50721000-5

Puesta a heating facility point

50730000-1

Refrigerator group maintenance and repair services

P-5 Subgroup

CPV

denomination.

50413100-4

Service repair and maintenance services for gas detectors.

50413200-5

Repair services and maintenance of fire facilities

P-7 Subgroup

CPV

.

50740000-4

Mechanical escalator repair and maintenance services

50750000-7

Q

Group Q
CPV

CPV

denomination.

50531000-6

Repair and Maintenance Services non-electrical machinery

50531100-7

boilers repair and maintenance services.

50531200-8

Gas appliance maintenance services.

50531300-9

Compressor repair and maintenance services.

50531400-0

Crane repair and maintenance services

50531500-1

Repair services and maintenance of derrick cranes.

Subgroup Q-2

CPV

denomination.

50100000-6

Service repair, maintenance, and associated services of vehicles and related equipment

50110000-9

Motor vehicle repair and maintenance services and associated equipment

50111000-6

Vehicle administration, repair, and maintenance services

50111100-7

Vehicle Park Management Services

50111110-0

Vehicle Park Support Services

50112000-3

50112100-4

Auto repair services.

50112100-4

50112110-7

Vehicle body repair services

50112111-4

Chapisteria services.

50112120-0

windshield replacement services

50112200-5

50112300-6

Auto wash services and the like.

50113000-0

Repair services and bus maintenance

50113100-1

Bus repair services

50113200-2

Bus Maintenance Services

50114000-7

Truck repair and maintenance services

50114100-8

Truck Repair Services.

50114200-9

Truck Maintenance Services.

50115000-4

Motorcycle repair and maintenance services

50115100-5

Motorcycle Repair Services.

50115200-6

Motorcycle Maintenance Services

50116000-1

Maintenance and repair services related to vehicle-specific parts

50116100-2

Services repair of electrical systems

50116200-3

Repair and maintenance services for brakes and vehicle brake parts

50116300-4

Services repair and maintenance of vehicle change boxes

50116400-5

Services for repair and maintenance of vehicles.

50116500-6

Tyre repair services, including adjustment and wheel balancing

50116510-9

Services retreading tires

50116600-7

Boot engine repair and maintenance services

50117000-8

Transformation Services and vehicle reconditioning

50117100-9

Vehicle Transformation Services

50117200-0

Ambulance Transformation Services.

50117300-1

Vehicle Reconditioning Services

50118100-6

Car breakdown and recovery repair services

50118200-7

Services Commercial vehicle breakdown and recovery repair

50118300-8

Bus breakdown and recovery repair services.

50118400-9

Engine Vehicle Recovery and Recovery Repair Services

50118500-0

Repair Services Motorcycle breakdowns and recovery

50210000-0

Repair and maintenance services and associated services related to aircraft and other equipment

50211000-7

50211100-8

Aircraft Maintenance Services

50211100-8

50211200-9

Aircraft repair services

50211210-2

Aviation engine repair and maintenance services

50211211-9

Aviation engine maintenance services

50211212-6

50211300-0

Aircraft Reconditioning Services

50211300-0

50211310-3

Aviation Engine Reconditioning Services.

50212000-4

Repair and Maintenance Services helicopters

50221000-0

Locomotive repair and maintenance services.

50221100-1

Repair and Maintenance Services Locomotive change boxes

50221200-2

Locomotive transmission system repair and maintenance services.

50221300-3

Locomotive axle maintenance and repair services

50221400-4

Repair and maintenance services for brakes and brake parts locomotives.

50222000-7

Mobile material repair and maintenance services

50222100-8

Buffer repair and maintenance services

50223000-4

locomotive reconditioning services.

50224000-1

Mobile Material Reconditioning Services

50224100-2

Mobile Material Seat Reconditioning Services

50224200-3

Car Reconditioning Services

50241000-6

50241100-7

Ship Repair

50241100-7

50241200-8

Ferry repair services

50242000-3

Ship Transformation Services

50244000-7

Ship or ship reconditioning services

50245000-4

R

CPV

Denomination.

60120000-5

Taxi Services.

60130000-8

Special road passenger transport services

60140000-1

Non-regular passenger transport

CPV

denomination.

CPV

85143000-3

Ambulance services.

Subgroup R-5

CPV

Denomination.

90511000-2

Waste Collection Services.

90511100-3

Urban Solid Waste Collection Services

90511200-4

Home Waste Collection Services

90511300-5

garbage collection services.

90511400-6

Services

Waste transport services

Subgroup R-6

CPV

denomination.

60441000-1

Airspray Services.

60442000-8

Wildfire Air Extinction Services.

60443000-5

Rescue Services air.

Subgroup R-9

CPV

Naming.

60160000-7

Correspondence by Road Transport

60220000-6

Transport of Correspondence by railroad

64100000-7

Postal and Mail Services

64110000-0

Postal services.

64111000-7

Postal services related to journals and journals.

64112000-4

Card-related postal services

64113000-1

Package-related postal services.

64114000-8

Post-window services.

64115000-5

Mailing Box

64116000-2

Post List Services.

64120000-3

Services fast mail

64121000-0

Multimodal mail services.

64121100-1

Postal distribution services.

64121200-2

Package Distribution Services.

64122000-7

CPV

Denomination.

79341000-6

Advertising Services.

79341100-7

Advertising Consulting Services.

79341200-8

Ad Management Services

79341400-0

Advertising Campaign Services

79341500-1

Air Advertising Services.

T-5 Subgroup

CPV

denomination.

79530000-8

79540000-1

Services

Group U

U-1 Subgroup

CPV

.

90610000-6

Street sweep and cleanup services

90611000-3

Street Cleaning Services.

90612000-0

Street Sweeping Services.

90640000-5

Sinkhole cleaning and emptying services.

90641000-2

Sinkhole cleaning services.

90642000-9

Sinkhole Services.

90680000-7

Beach Cleaning Services.

90911000-6

Home Cleaning Services, buildings and windows

90911100-7

Housing cleaning services

90911200-8

Building Cleaning Services

90911300-9

Services cleaning windows

90914000-7

Car Park Cleaning Services.

90919200-4

Office Cleaning Services.

90919300-5

School Cleaning Services

U-4 Subgroup

CPV

Denomination.

63500000-4

Travel Agency Services, Tour Operators, and Assistance to the tourist.

63510000-7

Travel agent services and similar services

63511000-4

Package Travel

63512000-1

Ticket and travel services combined

63515000-2

Travel services

63516000-9

Travel management services

Subgroup U-8

CPV

denomination.

79510000-2

Phone Call Response Services

79511000-9

Telephone operator services

79512000-6

Call Center.

Group V

V-3 Subgroup

CPV

Denomination.

50312000-5

Maintenance and Repair of Computer Equipment

50312100-6

Mainframe computer maintenance and repair "

50312110-9

Maintenance of computers "mainframe".

50312120-2

Mainframe "computer repair"

50312200-7

Maintenance and repair of minicomputers.

50312210-0

Maintenance of minicomputers.

50312220-3

50312300-8

Data network equipment maintenance and repair

50312300-8

50312310-1

Equipment Maintenance of data networks.

50312320-4

Repair of data network equipment.

50312400-9

Maintenance and repair of microcomputers.

50312410-2

Microcomputer Maintenance.

50312420-5

50312600-1

and repair of information technology equipment.

50312610-4

Maintenance of information technology equipment

50312620-7

Repair of information technology equipment.

50314000-9

Telecopier machine repair and maintenance services

50315000-6

Phone answering and maintenance services

50320000-4

Personal Computer Repair and Maintenance Services

50321000-1

Personal Computer Repair Services

50322000-8

Personal Computer Maintenance Services

50323000-5

Peripheral maintenance and repair computer.

50323100-6

Maintenance of Computer peripherals.

50323200-7

Repair of computer peripherals.

50324100-3

Systems Maintenance Services

50324200-4

Preventive Maintenance Services.

50330000-7

Telecom Equipment Maintenance Services

50331000-4

Telecom Line Repair and Maintenance Services.

50332000-1

Maintenance Services telecommunications infrastructure

50333000-8

Radiocommunications equipment maintenance services

50333100-9

Repair services and maintenance of radio transmitters.

50333200-0

Repair and maintenance of radio-telephony appliances.

50334000-5

Services repair and maintenance of wire and telegraph telephony equipment by thread

50334100-6

Repair and maintenance services Telephony equipment by thread

50334110-9

Telephone network maintenance services

50334120-2

Update Services for Equipment Telephone switching

50334130-5

Telephone switching appliance repair and maintenance services

50334140-8

Telephone appliance repair and maintenance services

50334200-7

Services for the repair and maintenance of telegraphy equipment thread

50334300-8

Telex equipment repair and maintenance services by thread

50334400-9

Communications Systems Maintenance Services

V-4 Subgroup

CPV

Denomination.

64200000-8

Telecom Services.

64210000-1

Phone and data transmission services

64211000-8

Public Phone Services

64211100-9

Local Telephony Services

64211200-0

Services long-distance telephony

64212000-5

Mobile telephony services

64212100-6

Short Message Service (SMS) Services

64212200-7

Multimedia Messaging Service (EMS) Services

64212300-8

Multimedia Message Service (MMS) Services.

64212400-9

Access Protocol Services Wireless (WAP).

64212500-0

Services of the General Service of Radio by Packets (GPRS).

64212600-1

Extended Data Services for the Evolution of GSM (EDGE)

64212700-2

Universal Mobile Telephony System Services (UMTS).

64212800-3

Telephony Provider Services payment.

64213000-2

Shared commercial telephone network services

64214000-9

Specialized commercial telephone network services

64214100-0

Satellite Circuit Rental Services

64214400-3

Rental of communication land lines

64215000-6

IP telephone services ".

64216000-3

Messaging and electronic information services

64216100-4

Electronic messaging services

64216110-7

Electronic Data Exchange Services

64216120-0

Email Services

64216130-3

Telex Services.

64216140-6

Telegraph Services.

72318000-7

Data Transmission Services

72400000-4

Services from the Internet

72410000-7

Provider services

72411000-4

Internet Service Provider (PSI)

72412000-1

Email Service Provider.

V-5 Subgroup

CPV

denomination.

72315200-8

Data Network Management Services

72415000-2

Web site operation hosting services www.

72514000-1

Computer Facilities Management Services

72514100-2

Operating Services for Entranan Facilities handling computers.

72514200-3

Facilities Management Services for Computer Systems Development.

72514300-4

Management Services Installations for the maintenance of computer systems

72910000-2

Backup services