Adif has announced the removal of several sections from its anti-corruption provisions across all current and future tenders. After recent rulings by construction firms, the organization confirmed that ongoing and upcoming bids will proceed without these clauses, with the changes taking effect through the Central Administrative Court (TARC).
Last week, Valencia deputy mayor Sandra Gómez indicated that Adif had already excised this clause from a specific project, the railway access channel intended to integrate high-speed rail within the city—an action that could affect timing and execution risk. Industry insiders note that the decision extends beyond that project, covering all tenders now being issued by the company as well as those planned in the future when the market reopens to competition.
One of the deleted provisions referred to upholding principles of free market competition and avoiding conduct that could distort bidding. It warned against collusion or fraudulent practices, including protection offers, bid sterilization, market allocation, or rotating bids among participants, among other forms of manipulation. The second removed section stated that a successful contractor might be barred from entering another contract during the execution of a current project and until its final settlement.
Adif has informed bidding firms that they will have 15 days to reassess their submitted bids and re-enter the standard tender process. In cases where no party has shown interest, the window will be reduced to 5 days to respond and adjust as needed. These changes mark a shift away from the previously enforced anti-corruption framework that had been in place since 2019.
In July, the National Markets and Competition Commission (CNMC) fined major players including Acciona, Dragados, FCC, Ferrovial, OHLA, and Sacyr a substantial sum for altering competitive procedures over more than two decades. The penalties highlighted the tension between anti-corruption safeguards and the incentives to accelerate project delivery. Following the fine, the CNMC referred the matter to the Public Procurement Advisory Board to determine the duration and scope of any contracting bans for the implicated firms.
Across all circumstances, the adherence to the TARC decision and the removal of these items from tenders are expected to speed up project timelines and help meet set targets, particularly in the context of accepting European funds for Spain. The evolving framework underscores the ongoing effort to balance competitive integrity with practical project momentum, and stakeholders will be watching how review processes adapt during the transition. [Attribution: CNMC findings and public procurement guidance, 2019–2024].