Dysfunctions in public procurement –

Can we reform the regulation of public sector contracts?

Within the final shipments I’ve raised some issues that the general public procurement regime is elevating.

In a single case, the issues arose from the executive weak point itself, self-regenerating, particularly, it was the abuse of consulting contracts, which trigger a normal weakening of public administrations, whose results are manifested in conditions equivalent to the present ones.

In others, the issue consisted of a weakening of the final curiosity because of the abusive use of precautionary measures in the course of the processing of contractual enchantment procedures, whose decision interval, in lots of circumstances, far exceeds the utmost established within the LCSP. An abusive use that, alternatively, is inversely proportional to the variety of resolutions favorable to recurring bidders.

There are additionally issues derived from the extreme use of competitors regulation as a central ingredient of contracting, although it is just one goal within the award of contracts, which has to coexist with many others, amongst that are features associated to social and environmental components.

On this line, a greening of the value is seen as a criterion for the award that doesn’t appear handy as a result of it forgets what’s the primary perform of public procurement. We’ve got to recollect once more that in lots of events a budget finally ends up being very costly.

At the moment I wish to deliver the issues of excesses within the utility of contract laws to circumstances through which we aren’t coping with public contracts. The start line is that not each public sector contract is a public contract, for the reason that European Directive (which constitutes the benchmark, as indicated by the title of the LCSP) reduces it to the circumstances of some typical contracts executed by contracting authorities.

These are examples of points that I’ve tackled in latest occasions. The issue is, in my view, deeper.

Certainly, after 5 years of filming, 5 years of issues for the final curiosity derived from an extra of bureaucratization and administrative slowdown as a consequence of contracting, after difficulties in accessing SMEs to public contracting, the identical incentive for the inclusion of social and environmental clauses, recalling the difficulties of managing prohibition recordsdata to contract for contractors who carry out contracts poorly, recalling every little thing that isn’t transposed from the directive, contemplating the dearth of adherence to European regulation within the contracting and the revival of conventional Spanish regulation seeing the dangers that the LCSP will not be the perfect instrument for the following era contracts which are going to reach Hasn’t the time come to make a brand new Regulation on Public Sector Contracts?

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