New appointment at TACRC 2026: what it means for bidding companies

Key data

If your company participates in public tenders or has considered challenging an award, this appointment directly affects you. The Central Administrative Court for Public Procurement Appeals (TACRC) is the mandatory gateway before taking an appeal to ordinary courts when it comes to large-value public contracts. The greater the court's decision-making capacity, the faster you get a response.

The Council of Ministers approved on 10 November 2026 the appointment of Esperanza Macarena Saiz Ramos as Vocal of the TACRC, under Article 45 of the Law 9/2017 on Public Sector Contracts. Order PJC/1209/2026 was published in the BOE on 13 November 2026.

What does this regulation establish?

Order PJC/1209/2026 publishes the Council of Ministers Agreement by which a Vocal position at the TACRC is filled. The appointment is made at the joint proposal of the Ministries of Finance and Presidency, as required by Article 45 of Law 9/2017.

The TACRC is the independent administrative body responsible for resolving appeals in public procurement matters. It acts as a prior and mandatory instance before judicial proceedings to appeal procurement decisions in large-value public contracts: awards, exclusions of bidders, terms and conditions, etc.

Economic and operational impact

For companies participating in public tenders, the TACRC is a first-rate economic defense tool. Filing a special appeal in public procurement matters before the TACRC is free and automatically suspends the award procedure while it is resolved, which can make the difference between winning or losing a high-value contract.

The main operational impact of this appointment is the improvement of the court's decision-making capacity. A court with more active vocals can:

• Reduce average resolution times for appeals.
• Manage a larger volume of simultaneous cases.
• Provide faster responses to companies challenging awards before resorting to administrative litigation.

For SMEs and medium-sized companies competing in large-value public contracts, having an operational TACRC with sufficient capacity is a guarantee of real access to administrative protection without having to assume the costs and timeframes of judicial proceedings.

Who does it affect?

• Bidding companies in large-value public contracts: those participating in tenders for works, services or supplies above the thresholds that enable the special appeal in public procurement matters.
• SMEs competing with large operators: the TACRC is especially relevant for small companies that need a fast and free way to challenge irregular awards.
• Legal advisors and procurement consultants: professionals who accompany companies in public procurement processes must know the composition and capacity of the court.
• Procurement departments and CFOs of public sector supplier companies: those who manage the strategy for participating in tenders and defense against exclusions or challengeable awards.
• Operators in the public procurement sector in general: consulting firms, specialized law firms and entities that advise bidders.

Practical example

Imagine your company submits an offer for an ICT services contract with a public administration valued at 2 million euros. The procurement committee excludes your offer for a reason you consider unjustified and awards the contract to a competitor.

In that scenario, you can file a special appeal in public procurement matters before the TACRC. The appeal is free, automatically suspends the award and the court must resolve it within a legally established timeframe. With the incorporation of Esperanza Macarena Saiz Ramos as new Vocal, the TACRC has greater capacity to process these cases, which can reduce the waiting time until resolution and, therefore, the period of uncertainty for your company.

If the TACRC upholds your appeal, the award becomes void and the procedure must be restarted or corrected, which can mean recovering the opportunity to win a high-value contract without the need for costly judicial litigation.

What should companies do now?

1. Review if you participate in large-value public tenders: identify whether your current or future contracts exceed the thresholds that enable the special appeal before the TACRC.
2. Know the special appeal procedure: familiarize yourself with the deadlines and requirements for filing an appeal before the TACRC. The usual deadline is 15 business days from notification of the challengeable act.
3. Evaluate recent awards you may challenge: if you have been excluded or lost a tender for reasons you consider irregular, consult with a specialized advisor to determine if it is appropriate to appeal before the TACRC.
4. Update your procurement strategy: greater agility of the TACRC reinforces the value of using the administrative route before the judicial one. Incorporate this tool into your defense protocol in public tenders.
5. Inform your legal team or external advisor: ensure that whoever manages your tenders knows the updated composition of the court and current resolution timeframes.

Official source

Consult complete regulation in official source

Notice: This article is for informational purposes only and does not constitute legal advice. For specific decisions, consult a qualified professional. Source: https://www.boe.es/diario_boe/txt.php?id=BOE-A-2026-23768