On March 9, the new law on public sector contracts came into force
The new rule affects the proposals of companies in response to tenders of public administration.
The main novelties are:
1 Advertising, use of electronic media and transparency: The generalization of the use of electronic contracting, in all phases of the procedure, constitutes a positive step forward, although it is also a challenge to put it into practice, all experts agree, from the date of entry into force of the Law, anticipating the deadline established in Directive 2014/24 / EU.
2 Award criteria and their practical application: This point underlines a basic approach of the new legal framework «that the award criteria must be linked to the object of the contract, even if they are social, environmental or innovation». The new law seeks that contracts are awarded to the proposal that offers «a better value for money», thus avoiding the pre-eminence of the price, which has been marked by Law 30/2007 and the subsequent recast text. In this line, Law 9/2017 introduces a new criterion which it calls «life cycle cost», which has great potential when it comes to identifying the offer with the best value for money, although its application will not be easy . This objective, search for balance between quality and price.
3 Award procedures: There are several novelties that the new regulatory framework incorporates in this field, such as the suppression of the public-private collaboration contract, the reduction to very specific assumptions for the application of the negotiated procedure without advertising or the reduction of certain thresholds, as in the case of the minor contract. Although, the most remarkable, is the introduction of a new procedure, the partnership for innovation (the possibility of promoting innovation in the framework of ordinary public contracts), which is a huge step forward for the public purchase of innovation, especially if it is taken into account that the new law contemplates other figures, such as the contract for research and development services or preliminary market consultations.
One of the most relevant changes occurs in the incorporation of the simplified open procedure and the popularly known as «supersimplified».
5 The application of the new Law must be qualified in practice, through the decisions of the Contracting Boards and Tables, the reports of the Contracting Advisory Boards, the Courts of Contractual Resources or, ultimately, the the Courts of Justice.
From LOAB ABOGADOS we give all legal support to both contractors and public bodies to achieve the proper application of the new standard.