Contractor profile
PARC D'ATRACCIONS TIBIDABO (SAU) is a company owned by the Barcelona City Council through Barcelona de Servicios Municipales, SA.
As a public municipal business, the PARC D'ATRACCIONS TIBIDABO (SAU) is covered by the definition of "public sector" established in section f) of the article 3.1 LCSP (public sector contract law).
In this respect, the PARC D'ATRACCIONS TIBIDABO (SAU) is in an intermediate state between being subject to the LCSP under a double condition of (i) being a contracting officer (ii) a non public administrator, in accordance with the contents of article 3.3 LCSP.
In addition, the PARC D'ATRACCIONS TIBIDABO (SAU) meets the definition of a contracting officer in that it has been created to satisfy needs of a general nature that are not industrial or commercial; that one of more subjects can be considered to have contracting power in accordance with the definitions of article 3.3. LCSP; that they finance the business and control and manage it or name more than half the members of the administration body in charge of managing and monitoring it.
In addition, the PARC D'ATRACCIONS TIBIDABO (SAU) cannot be considered a state body according to the description contained in article 3.3. LCSP.
As a consequence of this, in the awarding of contracts subject to European community law, the PARC D'ATRACCIONS TIBIDABO (SAU)
shall abide by the non State Body Public Sector law, specifically article 174 LCSP. And in the awarding of contracts not subject to European community law, the PARC D'ATRACCIONS TIBIDABO (SAU) in accordance with article 175 LCSP shall abide by the Internal Contract Awarding Instructions agreed upon by the Board of Directors of the company on 31st March 2008 with the aim of guaranteeing the principles of publicity, concurrency, transparency, confidentiality, equality and fairness and shall follow all public contract awarding regulations as set out by the said law.
Likewise, awarding contracts subject to both European community and Spanish law, the PARC D'ATRACCIONS TIBIDABO (SAU) shall meet its private contracting officers in accordance with the contents of article 20 LCSP.
The competent jurisdictional body from the preparatory acts
up to the awarding of contracts subject to European community law shall be under the jurisdiction of administrative bodies, while ordinary jurisdiction shall be the one used for the whole procedure in awarding contracts subject to local Spanish law as well as the effects, obeying and terminating of all private contracts.
