As previously announced by the Spanish Development Ministry, the re-tendering of the financially impaired toll motorways is now underway as a result of the publication in the BOE (Spain's Official State Journal ) of the notice to tender two service contracts to perform preparatory work, such as preparing the necessary studies and the terms and conditions that will govern the auction.

Public procurement regulations establish that, if insolvency proceedings involving a public infrastructure concessionaire enter a liquidation phase, the contract in question will be terminated and the infrastructure will be handed back to the authorities.

There are currently eight toll motorway concessionaires (R-2, R-3 and R-5, R-4, M-12, AP-41, AP-36, AP-7 Alicante Ring-road and AP-7 Cartagena-Vera) involved in different stages of insolvency proceedings and whose infrastructure are likely to be handed back to the authorities.

As a first step, on 28 July, the Spanish Council of Ministers approved a direct management contract between the Development Ministry and the public entity SEITTSA under which SEITTSA will take control of the toll motorways until they are awarded to new concessionaires in the tender, after they have been handed back to the authorities (including the performance of preparatory work to tender the new contracts to manage the motorways by conducting studies, drafting reports and terms and conditions as necessary for the process).

In this context, as mentioned above, on Wednesday 4 October 2017, the BOE published an announcement regarding the tendering of two service contracts to perform some of that preparatory work.

  • The aim of one of them is the preparation of a 25-year demand study and devise a tariff system for the motorways with the aim of ascertaining the potential revenues that they might generate; this work will have to be carried out within four months, subject to a budget (including VAT) of €252,043.
  • The purpose of the other is to draft Special Terms and Conditions, Special Technical Specifications and financial viability studies for the tender - for all of the assets together or in a number of separate lots -, contracts for the conservation, maintenance and operation of the motorways; this work will have to be carried out within four months, subject to a budget (including VAT) of €252,285.