New public procurement law works, good or bad?
The 9 March came into force the new law to regulate more clearly, order and transparency a sector that represents nothing less than the 20% (approximately) the P.I.B. of our country. We talk about the new Law on Public Sector Contracts that comes with a little delay (two years) after a long pipeline to bring the Spanish system with European guidelines.
This is an extensive law 347 items occupying the digital version of the BOE 294 pages. We could begin to analyze their many new detail, although it might be a bit tedious so today we will get to observe some new and important areas in which it intends to impose a new philosophy.
With the new law will be mandatory eProcurement process for all Spanish public administrations. It is one of the flagship measures to increase transparency by allowing "traceability" and greater visibility of the process. Of course it poses a major challenge of modernization for the authorities which are not adapted to new information technologies and management.
The law includes within its regulatory environment to entities that were previously out: foundations, political parties, unions or business associations and any entity whose funding is mainly public.
The new legislation seeks to change the philosophy of "is awarded to the lowest bidder" looking for that place is made the best bidder. environmental criteria are introduced, and social, with greater regulation of the negotiated procedure and create new procedures for the award. For example a new procedure for "innovation partnership" is very interesting for engineering and architecture appears. To facilitate access to tenders for contracts of less work to 500.000 euros to young companies (less than five years) is removed can be established as a criterion of "solvency" the previous execution of a minimum number of works.
Although they have lowered the ceilings of the so-called "Contract Minor" a priori far more can benefit small and medium enterprises is the division of contracts into lots which aims to be the most extensive and comprehensive possible practical, going so far as to require otherwise justified.
Regarding the duration of contracts, The law provides for the possibility to extend the deadlines if the delay is because the employer, that yes, It may be penalized.
Of course the new law has generated debate and many comments. Much of the construction sector fears that assimilation and adaptation to the new legislation bring a halt (however temporary) a sector which currently shows have taken a path of some recovery but also welcomes greater transparency and flexibility to be provided. In any case the regulations to make the law effective is pending, which will determine their greater or lesser success.