Contracting party's profile
PARC D'ATRACCIONS TIBIDABO, SAU is a limited company of Barcelona City Council.
As a municipal public company, PARC D'ATRACCIONS TIBIDABO, SAU comes under the definition of ‘public sector’ established in section d) of Article 3.1 of Royal Legislative Decree 3/2012, of 14 November, approving the revised text of the Public Sector Contracts Law (hereinafter referred to as TRLCSP)
To this effect, PARC D'ATRACCIONS TIBIDABO, SAU is partially subject to TRLCSP, given its dual condition of (i) being a non-public administration (ii) awarding authority, in accordance with the provisions of Article 3.3 TRLCSP.
On the one hand, PARC D'ATRACCIONS TIBIDABO, SAU meets the definition of awarding authority in that it was created to satisfy general public interest needs of a non-industrial or non-commercial type, and with one of more subjects that should be considered to be contracting authorities, in accordance with the criteria of Article 3.3. TRLCSP funds its activity, controls its management and nominates more than half of the members of its administrative, managerial and security bodies.
On the other hand, PARC D'ATRACCIONS TIBIDABO, SAU cannot be considered to be a Public Administration in the terms defined in Article 3.3. TRLCSP.
Consequently, when awarding contracts subject to agreed-upon procurement, PARC D'ATRACCIONS TIBIDABO, SAU shall be subject to the provisions of the Law for the Non-Public Administration Public Sector, and specifically to Article 190 TRLCSP, while when awarding contracts not subject to agreed-upon procurement, PARC D'ATRACCIONS TIBIDABO, SAU, in accordance with Article 191 TRLCSP, shall be subject to the Internal Procurement Instructions approved by the Board of Directors on 31 March 2008 in order to guarantee the principles of publicity, competition, transparency, confidentiality, equality and non-discrimination that inspire all public procurement, established in the same Law.
Furthermore, in both agreed-upon and non agreed-upon procurement, PARC D'ATRACCIONS TIBIDABO, SAU shall execute private contracts with their successful bidders, in accordance with the provisions of Article 20 TRLCSP.
The competent jurisdictional order to know the preparatory actions up to awarding for contracts subject to agreed-upon procurement shall be contentious-administrative jurisdiction law, while ordinary jurisdiction shall be the competent jurisdiction order to know the entire procedure for awarding contracts not subject to agreed-upon procurement, and the effects, compliance with and termination of all private contracts.
Publicising tenders as from 1 July 2016
The Government Commission Decree of 5 May 2016 established linking an organisation’s contractor profile with a majority municipal stake in the Generalitat of Catalonia’s public procurement services platform. The Municipal Manager’s Office Protocol of 27 May established 1 July 2016 as the deadline for effectively incorporating contractor profiles into the Generalitat of Catalonia’s public procurement services platform. On 17 June 2016, Parc d’Atraccions del Tibidabo SA’s Procurement Body established by resolution that as from 1 July 2016, the linking would be effective for all of PATSA’s public tender notices.