How to win government contracts and tenders in Spain

Navigating Government Contract Procurement in Spain: A Comprehensive Guide

Spain’s public procurement market offers meaningful opportunities for businesses that understand and comply with regulatory requirements and strategic priorities. This guide provides essential insights and practical instructions on Spain’s public procurement regulations, including legal frameworks, registration requirements, documentation procedures, and compliance with EU-level trade policies and sustainability criteria.

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Legal Framework for Public Procurement

Public Sector Contracts Law (LCSP)

Spain’s primary legislative framework for public procurement is the Ley 30/2007 de Contratos del Sector Público (LCSP), subsequently amended by Law 2/2011 to reflect European Union compliance standards. This legal structure mandates transparency, fairness, and unbiased decision-making through clearly defined procurement procedures. Businesses bidding on public tenders must familiarize themselves with these provisions, paying particular attention to EU-driven sustainability criteria integrated into public contracts.

Key points about the LCSP include:

• Transparency: All contract notices and related procurement information must be published on accessible electronic portals.
• Non-discrimination: Procedures must be fair and equitable, ensuring equal opportunities for domestic and foreign companies.
• Sustainability: Environmental and sustainability requirements are now integral due to Spain’s alignment with EU policies such as the Industrial Decarbonisation Accelerator and Green Procurement Programs.

Registration Requirements for Companies

Tax Identification Number (NIF)

Before bidding on government contracts, companies must obtain a Tax Identification Number (NIF) issued by the Agencia Tributaria. The NIF must be obtained within one month of incorporation, and relevant registration documents include completing tax forms 036 or 037.

Social Security Registration

Companies and self-employed professionals must register for social security contributions under the RETA (Régimen Especial de Trabajadores Autónomos) administered by the Spanish Social Security System.

Documentation Requirements

Census Declaration Form (Modelo 036)

Companies must file the Modelo 036 form to declare their tax census status. Accurate completion of this form is mandatory, as it verifies legal and fiscal eligibility to participate in public procurement processes.

Electronic Verification

Documentation submitted in procurement processes often requires electronic verification per standards set by Spain’s General Intervention of the State Administration (IGAE). Companies must ensure compliance by adhering to standard procedures for electronic documentation validation and compliance reporting.

Trade Policies and EU Compliance

Spanish procurement policies align considerably with European Union trade and sustainability regulations. Businesses must remain informed about these policies as they influence not only eligibility for contracts but also offer potential strategic advantages:

• Sustainability Criteria: EU directives mandate sustainability practices across procurement contracts. Companies demonstrating compliance with ESG (Environmental, Social, Governance) principles and sustainability milestones aligned with EU environmental and procurement criteria will maintain a competitive advantage.
• International Agreements: Spain participates actively within EU frameworks for negotiating broader trade agreements like Mercosur and Mexico, significantly impacting future procurement opportunities.

Strategic Considerations and Monitoring Tender Opportunities

Framework Agreements and Centralized Procurement

The Spanish centralized procurement body, the Dirección General de Racionalización y Centralización de la Contratación (DGRCC), regularly updates framework agreements such as Acuerdo Marco 05/2023 and AM02/2023 (focused on IT equipment) through their procurement portal. Companies should consistently monitor these frameworks for relevant bidding opportunities.

VAT Compliance and Digital Submission (SII System)

Spain’s VAT compliance obligations, guided by the digital Suministro Inmediato de Información (SII) system, mandate real-time submission of invoicing data electronically. Compliance demonstrates fiscal responsibility and aligns companies with documentation requirements that can significantly streamline administrative processes during contract evaluation phases.

Best Practices for Successfully Winning Government Contracts

Companies that successfully secure Spanish government contracts typically:

• Comprehensively monitor official procurement portals for notices and tender updates.
• Strictly adhere to documentation formats and submission standards, ensuring timely and correct electronic submissions.
• Maintain compliance with tax (Agencia Tributaria) and social security registration processes (RETA).
• Proactively address sustainability and ESG criteria, demonstrating practical alignment with Spain and the EU’s environmental and social procurement standards.

Final Recommendations

To effectively bid for and secure public sector contracts in Spain, businesses must:

• Familiarize their legal teams with Spain’s updated LCSP legislation and EU compliance standards.
• Ensure all administrative registrations (particularly tax and social security) are completed well in advance.
• Regularly consult official governmental resources such as the Agencia Tributaria, Ministerio de Hacienda, and procurement portals such as the DGRCC for updates.
• Leverage sustainability-related initiatives promoted by both Spain and the EU for strategic positioning.

By carefully adhering to these guidelines and maintaining rigorous compliance processes, companies can maximize their opportunities within the valuable Spanish public procurement market.

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[2] https://commission.europa.eu/document/download/9db1c5c8-9e82-467b-ab6a-905feeb4b6b0_en
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[10] https://oecs.int/en/work-with-us/procurements/current-tenders
[11] https://www.linklaters.com/en-us/knowledge/publications/alerts-newsletters-and-guides/2025/february/24/the-uks-new-procurement-act–the-end-of-an-era-and-beginning-of-a-new-journey
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[15] https://comercio.gob.es/en-us/NotasPrensa
[16] https://www.hacienda.gob.es/es-ES/Areas%20Tematicas/Administracion%20Electronica/OVEELL/Paginas/OVEntidadesLocales.aspx
[17] https://contratacioncentralizada.gob.es
[18] https://ec.europa.eu/info/funding-tenders/opportunities/portal/screen/opportunities/tender-details/docs/ec200395-d29e-4813-8a01-4b30b1482621-CN/03.%20HADEA2024OP0026_Tender%20specifications_update%201_V2.pdf