Public Procurement Law of Navarre: Complete Guide
Public procurement in Spain is not homogeneous throughout the territory. Due to its foral regime, the Chartered Community of Navarre possesses exclusive competence in matters of administrative contracts and concessions.
This implies that, while the majority of the country is governed by Law 9/2017 (LCSP), in this region the Foral Law 2/2018, of April 13, on Public Contracts applies.
For companies bidding at a national level and for Navarrese public entities, understanding the nuances of the Foral Law 2/2018 on Public Contracts is critical. It is not just a change of name, but substantial differences in thresholds, procedures, and award criteria.
What is the Foral Law 2/2018 on Public Contracts?
The Foral Law 2/2018 was born with the objective of adapting the Navarrese regulations to the European Directives of 2014 (2014/23/EU and 2014/24/EU). Its purpose transcends mere regulatory transposition: it seeks to modernize the system to achieve greater efficiency in public spending and facilitate access for SMEs.
Unlike previous laws, this rule establishes a general regulation applicable to all contracting authorities in the region, regardless of whether they are Public Administrations or not, unifying criteria under the same legal umbrella. You can consult the consolidated text in the Official Gazette of Navarre (BON).
Key Differences: Foral Law 2/2018 vs LCSP
Although they share the European base, there are significant operational discrepancies between the foral regulations and the Law 9/2017 on Public Sector Contracts (LCSP).
Comparative Table of Thresholds and Procedures
| Concept | Foral Law 2/2018 (Navarre) | LCSP (State) |
|---|---|---|
| Minor Contract (Works) | Up to € 40,000 (Art. 81) | Up to € 40,000 |
| Minor Contract (Serv/Supp) | Up to € 15,000 (Art. 81) | Up to € 15,000 |
| Simplified Procedure | Specific thresholds: < 200k (works) and < 60k (serv/supp). At least 5 companies are invited. | Higher thresholds and distinct requirements (Art. 159 LCSP). |
| Definitive Guarantee | Generally 4% of the award amount (Art. 70). | Generally 5% of the award amount. |
| Social Criteria | Mandatory and transversal incorporation (Art. 2). | Mandatory to include at least one special execution condition. |
Mandatory Social and Environmental Criteria
In the Foral Law 2/2018 on Public Contracts, the incorporation of social criteria is not an "aesthetic" option. The law establishes in its Article 2 that these criteria must be incorporated in a transversal manner.
This obliges contracting authorities to design specifications that seek not only the price but also social value and sustainability.
Novelties in Procedures and Management
The Foral Law on Public Contracts introduces mechanisms designed to speed up bureaucracy and improve transparency.
1. The Navarre Simplified Procedure
Regulated in Article 80, this procedure allows the contracting authority to request an offer from at least five companies or qualified professionals. It can only be used in works contracts below 200,000 euros and supplies or services below 60,000 euros. It is an agile tool for local SMEs.
2. Division into Lots and Combined Offer
To facilitate access for the business fabric, the general rule is the division of the contract into lots. If it is decided not to divide, it must be justified. Furthermore, the law contemplates the combined offer (oferta integradora), which allows a company to submit a joint offer for several lots if the specifications so authorize, optimizing costs.
3. Guarantees and Penalties
The Foral Law 2/2018 establishes that the provisional guarantee is exceptional (maximum 2%). The definitive guarantee is set at 4% of the award amount, one point below the state standard.
Regarding penalties, Article 146 establishes a scaled regime (minor, serious, very serious) that can reach up to 10% of the contract amount for very serious breaches.
The Public Procurement Portal of Navarre
Transparency is the backbone of the rule. The Public Procurement Portal of Navarre is the official medium for the publicity of tenders.
It is important to highlight that all awards, including those of minor contracts (which are published quarterly), must appear on this portal. Additionally, the Electronic Bidding Platform of Navarre is the mandatory tool for the submission of offers, eliminating paper from the process.
Appeals and Claims: The Administrative Tribunal
A key piece of the guarantee system of the Foral Law 2/2018 on Public Contracts is the Administrative Tribunal for Public Contracts of Navarre. This independent body resolves special claims in procurement matters.
It is fundamental for bidders to know that they can challenge before this tribunal the specifications, qualified procedural acts, or the adjudication if they consider that their rights or the principles of European regulations have been violated.
How to Manage the Foral Law with Technology
Managing tenders with different regulations can be an administrative challenge. This is where Tendios technology adds differential value.
- For companies (B2B): Our platform aggregates in real-time the opportunities of the Public Procurement Portal of Navarre. Thanks to artificial intelligence, Tendios detects if a tender is governed by Foral Law 2/2018 or the LCSP and automatically summarizes the solvency requirements and specific award criteria, saving hours of technical reading.
- For institutions (B2G): The drafting of specifications under the foral regulations requires rigor to avoid nullities. Tendios' drafting assistants help generate files that comply with foral particularities, such as mandatory social clauses or the thresholds of the simplified procedure.
Frequently Asked Questions (FAQ)
What is the main difference between Foral Law 2/2018 and the LCSP?
The main difference lies in the procedure thresholds (especially the simplified one), the amount of the definitive guarantee (4% in Navarre vs 5% state), and the transversal obligation of social and environmental criteria in Navarre.
What is the limit for minor contracts in Navarre?
According to Article 81 of the Foral Law, minor contracts are considered those for works less than 40,000 euros and those for supplies or services less than 15,000 euros (VAT excluded).
Where are Navarre's tenders published?
All tenders must be published on the Public Procurement Portal of Navarre. If they exceed European thresholds (SARA), they are also published in the Official Journal of the European Union (OJEU).
Is it mandatory to be registered in the Bidders' Register?
For the simplified procedure, the Foral Law requires not prior registration, but that an offer be requested from qualified companies. However, being registered in the Voluntary Register of Bidders of Navarre greatly facilitates the accreditation of solvency and capacity to act.
How does the division into lots affect my company?
Foral Law 2/2018 prioritizes the division into lots to favor SMEs. This means that you can bid for a part of the contract without needing to have the financial capacity to execute the entire project.
The Foral Law 2/2018 on Public Contracts is a modern rule that bets on quality and sustainability. Knowing its nuances is essential to operate successfully in the region.
Do you want to simplify your tender management in Navarre and detect opportunities automatically?
