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Preceptive Report National Evaluation Office (article 333.3 Law 9/2017, of 8 November, on Public Sector Contracts)

This procedure allows requesting before this Entity the issuance of a report analyzing the financial sustainability of works concession contracts and service concession contracts, as well as the economic rebalancing agreements to be adopted in these types of contracts, in accordance with the provisions of Article 333 of Law 9/2017, of November 8, on Public Sector Contracts, transposing into Spanish law the Directives of the European Parliament and of the Council 2014/23/EU and 2014/24/EU, of February 26, 2014 and Article 1 of Order HFP/1381/2021, of December 9, regulating the organization and operation of the National Evaluation Office.

Body Responsible: National Evaluation Office

Matter: Contracts

SIA code: 2716766

The report shall be requested prior to the public tender whenever it is a works concession or service concession contract, formalised by contracting authorities or entities (or other dependent entities or bodies) of the General State Administration or Local Corporations, as well as those Autonomous Communities that have joined the ONE.

These contracts must have the characteristics described in sections a) and b) of Article 333.3 of the LCSP.

A report on the agreements for the restoration of the contract equilibrium will also be requested (in accordance with the provisions of articles 270.2 and 290.4 of the LCSP), if they are works concessions or service concessions previously reported in accordance with sections a) and b) of the aforementioned article 333.3 of the LCSP or involve the incorporation into the contracts of elements that make them susceptible to a report.

The procedure will be initiated by filling in the request form that can be found on the processing portal, attaching all the necessary documentation in accordance with the LCSP itself and Order HFP/1381/2021, of 9 December, regulating the organisation and operation of the National Office for Assessment.

For more information on how to submit the report request, please visit https://www.hacienda.gob.es/es-ES/Oirescon/Paginas/one-guia.aspx.

The mandatory reports will be evaluated within thirty days. This period will begin on the date of receipt of the request by electronic means or, in the event that additional documentation is required, from the date of receipt of the complete documentation required by the ONE for the appropriate preparation of its mandatory report.