Urgent measures on public procurement in Catalonia

By Resolution 170/XV of the Parliament of Catalonia (OJGC of 15 April 2025), Decree-Law 3/2025 of 4 March 2025, adopting urgent measures in the field of public procurement ("Decree-Law 3/2025"), was validated and entered into force on 7 March 2025. 

The following regulatory amendments are introduced in the field of public procurement: 

1. Joint procurement in public works contracts and building contracts: it is envisaged that contracts in which any of the circumstances set out in Articles 2 and 6 of Decree-Law 3/2025 are met may be jointly procured: 
    
   1. Duration of one year or less.
       
   2. Estimated value of the contract equal to or less than the threshold established for the simplified open procedure.
       
   3. Works on energy efficiency, sustainability or any action that contributes to climate change mitigation.
       
   4. Cases of urgent processing of the dossier by negotiated procedure due to imperative urgency.
       
   5. Reasons of a technical nature, exceptional size or working methodology.
       
   6. Action linked to an action, programme or strategic plan approved by the Government, with an established timetable for implementation. 
       
2. New developments in the tendering of contracts for the drafting of projects and the management of works: This can be carried out using any of the tendering procedures without having to resort to a design competition restricted to a limited number of participants and with the intervention of a jury.
    
3. Obligation to divide contracts into lots: this is provided for in general for all contracts (Article 3 of Decree-Law 3/2025):
    
   1. Exceptions to this obligation to divide into lots for technical reasons have to be identified and properly substantiated. 
       
   2. In the case of contracts divided into lots with equivalent performance, the number of lots for which the same bidder may bid or be awarded is limited. 
       
   3. These limitations are also provided for in the case of contracts divided into lots where the services provided are not equivalent and there is a risk of competition being affected.
       
4. Simplified processing of contracts with a value equal to or less than 5,000 euros: contracts for works, services and supplies with an estimated value equal to or less than 5,000 euros, excluding VAT (article 5 of Decree-Law 3/2025) are considered to be minor payments for the purposes of simplified processing. 
   
   Contracts that generate these minor payments may be signed even if they cover periodic or recurring needs, provided that the annual joint estimated value does not exceed the applicable limit for minor contracting according to the corresponding type of contract according to Law 9/2017, of 8 November, on Public Sector Contracts. 
   
   However, the economic operators chosen should be diversified as far as possible and appropriate.
    
5. Amendments to the legal regime on the obligations and rights of subcontractors:
    
   1. Subcontractors are required to comply in the same terms as with the environmental, social and labour obligations required by law. In the framework of service and works contracts subject to harmonised regulation, it includes the possibility of issuing a certificate of good execution by the contractor, detailing both the technical and economic contribution of each subcontractor, as well as the level of satisfaction with their work.
       
   2. In the event of non-performance, the contracting authority may require the contractor to replace the subcontractor or to take over performance directly.
       
   3. Where the contracting authority so requires, the contracts signed with the subcontractors must be sent, and this must be provided for in the contracts in question. 
       
   4. It is also provided that subcontractors may request payment from the contracting authority in the event of a delay by the contractor of more than one month in the case of service and works contracts subject to harmonised regulation, where the subcontracting with an economic operator is equal to or exceeds 10 % of the contract price. This direct payment to the subcontractor shall be understood as a payment on behalf of the contractor. The competent bodies of the Generalitat de Catalunya and the corresponding bodies of each local authority shall determine, respectively, how this is to be organised (Article 5 of Decree-Law 2/2025). 
       
   5. Finally, invoices issued by the main contractor should clearly reflect the amounts corresponding to the work carried out by each subcontractor, thus promoting greater transparency and control.
       
6. Raising the economic thresholds of those contracts whose tendering, awarding, formalisation, management and monitoring of their execution are entrusted to the Generalitat's in-house entity INFRAESTRUCTURES.CAT, in order to facilitate the construction of public housing.

The content of this publication is for information purposes only and should not be relied upon as a basis for making a decision, in which case you should seek specific legal advice tailored to your circumstances.