Many doubts arise regarding the Rolece certificate, as a result of misinformation, which can result in a truncated procurement process due to non-compliance with the new Ley de Contratos del Sector Público.
This is a basic requirement for being able to take part in public tenders and, in addition, it will save you from repeating a series of procedures and documentation each time you take part in a process of this kind.
What the ROLECE (ROLECSP) certificate is
These are initials whose meaning derives from Registro Oficial de Licitadores y Empresas Clasificadas del Estado/Sector Público, and it is the database of companies that reduces the administrative burdens of the public procurement process, that is, it prevents bidders from submitting the same documentation over and over again when taking part in a new tender.
In those cases, you will only have to submit your ROLECE registration certificate, together with a responsible declaration detailing and stating that the data already in the registry have not undergone any modification and remain the same.
The ROLECE is what certifies that the company registered in it is in full compliance with the conditions and requirements needed to carry out the tasks it is aspiring to, and that it has the economic and financial solvency before each of the public bodies, being classified in that way according to the activity in which it operates and the size of the company.
Who can register in Rolece?
This registry can be used by legal persons (commercial companies, associations, foundations, civil-law partnerships, cooperatives, etc.) or natural persons (sole trader or professional) who wish to do so and who meet the established requirements to be part of the ROLECE.
Any company operating in Spanish territory can register and will thus be able to save time and speed up procedures that are usually bureaucratic; in addition, having the ROLECE before starting a tender process is a guarantee of transparency before the contracting body.
It is a procedure that does not involve any cost and that makes it possible to bid in Simplified Open Procedures, to certify the validity of contractor classifications and for part of the creation of the ESPD (European Single Procurement Document) to be done automatically.
The ROLECE is electronic, and the data registered in it are recorded by that means, as are its certificates.
When is registration in Rolece mandatory?
Registration in the ROLECE is mandatory in order to take part in the simplified open and abbreviated simplified tenders regulated in Article 159 of Ley 9/2017, of 8 November, de Contratos del Sector Público.
This regulation establishes that bidders must be registered in the Registro Oficial de Licitadores y Empresas Clasificadas del Sector Público on the final date for submitting bids.
Being an obligation, if registration in the ROLECE is not complied with, the participating company is immediately excluded from the system of simplified open and abbreviated simplified procedures.
It is important to clarify the validity of this registry: once registration is formalised, it is indefinite, but there is an obligation to keep the data provided up to date.
Forms for setting up guarantees
For public tenders, some type of guarantee must be submitted to ensure the seriousness of the bids presented and the fulfilment of the definitive contract between the parties, according to what is established in the tender rules.
In this way, the administration and the bodies protect the public capital with which they fund the tender contracts, and the correct performance of these contracts is ensured.
There are different types of guarantees:
1. Bank guarantee
Article 108 of Ley 9/2017 de Contratos del Sector Público clearly indicates that one of the accepted forms is the “guarantee from one of the banks, savings banks, credit cooperatives, credit financial establishments and mutual guarantee companies authorised to operate in Spain”.
2. Cash
In cash or in securities, which in any case shall be Public Debt, subject, in each case, to the conditions established in the implementing rules of this Law.
3. Surety bond
Nowadays, presenting guarantees in public competitions or tenders through a surety bond is the most economical and advantageous option.
At Sammy Free we have confirmed that the surety bond is increasingly used as a guarantee before the public administration, since companies can benefit economically and fiscally from its many advantages:
- It does not count towards the Bank Risk Report (CIRBE), that is, it does not add risk to your company.
- It does not entail an obligation to contract other services.
- It will not lead you to tie up your company’s own funds, as happens with bank guarantees.
- Managing the arrangement of the guarantee to bid on a public tender is quick and simple.
It is the best alternative for bidding with your company in a Public Administration process.
