Solvency is the economic, financial, technical, or professional capacity required in order to participate and execute the contract. It cannot be inferred just from the CPV, total turnover, or general experience: you must read the admitted means, the period, the threshold, the comparable nature, and the form of accreditation stated in the notice and the tender documents (pliegos).
Separate four questions
| Question | What to find | Output |
|---|---|---|
| Can we contract? | Capacity, prohibitions, registration/authorisation | Complies / review / block |
| Do we reach economic solvency? | Magnitude, period, threshold, proof | Amount and document |
| Do we reach technical solvency? | Comparable services or supplies, equipment, resources | Reference and evidence |
| How is it declared and evidenced? | DEUC/declaration and subsequent or initial supporting documentation | Person responsible and timing |
Economic solvency: don’t confuse value with threshold
The estimated value drives many decisions, but the applicable threshold must be read in the file. The LCSP provides, depending on the case, annual volume of business, professional liability insurance, net worth, or ratios. The tender document must specify the means and minimums; when it does not, the law itself provides supplementary rules.
Technical solvency: prove similarity, not just existence
In services, Article 90 allows considering knowledge, effectiveness, experience and reliability through various means. A list of projects may not be enough if the tender document requires similar nature, a specific period, cumulative amount, certificates, profiles, or determined resources.
- Copy the full criterion, without summarizing yet.
- Mark verbs and conditions: “carried out”, “equal to or similar”, “last three years”, “annual amount”.
- Relate each condition to a specific piece of evidence.
- Record who can issue the certificate and how long it takes.
- If the similarity is debatable, raise the doubt before the bid/no-bid decision.
External resources, UTE and subcontracting
They are not synonyms. Integrating solvency with another entity’s resources, participating as part of a temporary union (UTE), or subcontracting part of the execution has different effects and requirements. Before counting another party’s capacity as your own, review the tender document, the LCSP, and the commitment that must be provided. Don’t assume that an informal commercial letter covers the requirement.
Decision traffic-light
Green
The threshold, period and proof match. The evidence exists, is valid, and can be submitted at the required time.
Amber
The capacity appears to exist, but a certificate is missing, similarity interpretation is unclear, or a third party’s commitment is missing.
Red
The minimum is not reached, mandatory authorisation/registration is missing, or the solution depends on a condition that the tender document does not allow.
Official sources
- Law 9/2017 on Public Sector Contracts, consolidated text — especially review capacity and Articles 74 to 95 on solvency.
- Official electronic DEUC service.