There is no specific procurement act in Spain. Procurement provisions are included in the Public Sector Contracts Act. This Act regulates several procurement systems, which in general may be freely chosen by the public administration but in some cases are linked to a specific kind of contract. Comparison of PPPs with the Public Sector Contracts Act might initially suggest that the Collaboration Contract purports to represent the same legal framework in which the PPP concept will grow and become a key instrument in developing complex infrastructure projects.
The lack of a central public entity which promotes PPPs (as exists in other countries) has not hindered the strong growth of the utilisation of PPP schemes in recent years at a local, regional and national level. Historically, various sectors in Spain have benefited from PPPs. The Spanish government has produced a bill, which if enacted will repeal the remaining articles of the Previous Act and will regulate the financing of the main types of PPP vehicles in Spain (concessions, Collaboration Contracts and mixed economy companies). However, any public contracts awarded under the Previous Act as well as those initiated before the entry into force of the Public Sector Contracts Act will continue to be regulated by the earlier legislation. The Public Sector Contracts Act does not apply to contracting procedures carried out by State agencies and public entities which operate in any of the excluded sectors (water, energy, transport and postal services) (in accordance with Act 31/2007 of 30 October on excluded sectors).
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