What is ROLECE?
If, as a company, you ever thought of or tried to apply for a public tender in Spain you must find about the Spanish State Official Register for Tenderers and Classified Companies (ROLECE, for its initials in Spanish). This is a digital certification that collects all the data and information that the public administration needs from tenderers applying for a tender procedure. Its purpose is crediting the company’s aptitude, entitlement, credit rating, ability to act,… all in a single document.
But, what are the advantages for the company? Is it mandatory? What is the procedure to register in ROLECE? These are the questions answered hereafter.
Liabilities and the consequences of not registering
To solve the doubt whether registering is mandatary or not, we must turn to the new Spanish Law on Public Sector Contracting 9/2017. Namely, to article 159.4 a), which states:
All tenderers applying for public tenders through this simplified procedure must be registered in the State Official Register for Tenderers and Classified Companies”.
This means that all companies willing to apply for a public tender must be registered in ROLECE. It is therefore a mandatory action -and not optional- to take part in simplified open and simplified fast-track procedures. In case this obligation is not met, the applicant company will be excluded from the tender
Advantages for the company
Apart from the question of its mandatory nature, registration in the Spanish State Official Register for Tenderers and Classified Companies provides a number of advantages for the organization, such as:
- Registration is valid for the whole of Spain and is, therefore, valid for applying for a public tender in any regional administration with no further registrations.
- It minimizes the feared and excesive bureaucratic procedures, it speeds and saves time.
- It is transparent towards any contractor, may be a business or a final consumer.
- It means no cost for the applicant company.
Steps to register in ROLECE
Registration in ROLECE takes an electronic request through an available application form. This form must be signed with the applicant’s electronic certificate or his representative’s (either electronic personal ID card or natural person electronic certificate issued by the Spanish Mint (Fábrica Nacional de Moneda y Timbre). Documentation crediting the application for registration must also be attached.
The applicant company must provide documentation accrediting its character and capacity to act: the Company’s Memorandum of Association, and also its eventual amendments (if any) to update the company’s circumstances in which the registration is applied for (such as any eventual change in the managing office or any appointment in the management team). The applicant must also accredit its registration in the Spanish Mercantile Registry (or that corresponding in case the applicant is not registered as a Spanish trading company).
Company proxy documentation
The applicant will need to provide documentation accrediting the granting of powers to contract: granting of powers deed and accreditation of being registered in the in the Spanish Mercantile Registry (or that corresponding in case the applicant is not registered as a Spanish trading company). Should this powers be revoked -or any other amendment that should affect its scope- after the application for registration in ROLECE, the applicant must then file its notarized deed, as well as its entry in the corresponding register.
Yearly accounts entry will be registered by means of an XBRL format file with the contents of the accounts delivered in the Spanish Mercantile Registry. Subsequently, the company will file the documentation accrediting its yearly accounts (with an electronic or physical document) with the proof of its delivery at the Spanish Mercantile Registry.
The ROLECE registration electronic certificates incorporate the digital signature that authenticates them and which allows testing its own authenticity through the option “validate certificate”. This functionality confirms the certificate has not been altered after it was issued. ROLECE also allows the contracting authority staff checking the data of the entry. In this case, the information returned by ROLECE is updated to the date of the query.
Additional frequently asked questions
Does a company already classified as a public contractor have to register in ROLECE?
No, since the Advisory Board (the authority that issues the public contractors classification) makes an ex officio basic registry for the classified companies.
How can I receive the ROLECE communications?
The person concerned will receive in his/her e-mail a link to the ROLECE communications and notices. This allows a safe download of any eventual notice related to an ongoing procedure. It also works as a proof that the notice was received by the concerned person.
How can I get the registration certificate?
Managers and representatives of the registered entities -as well as the contracting authorities- can obtain telematically the registration certificates they may need. They must request them at the ROLECE e-mail. To do so, they will have to accredit their identity by means of an electronic certificate.
How long does it take the ROLECE registration procedure?
At present, the registration process takes about two months since the application is filed. It is highly recommended registering at ROLECE as soon as possible. Delays are likely to grow inasmuch as the mandatary registry deadline is drawing nearer.