La contratación administrativa ante la COVID-19

Authors

  • Fabio Pascua Mateo Universidad Complutense de Madrid

DOI:

https://doi.org/10.18042/cepc/rap.213.18

Abstract

The health crisis caused by COVID-19 has had a particular impact on public procurement. Firstly, because it has had to solve the shortage of certain basic supplies for health protection in the face of the exponential growth in world demand, which in Spain has been increased by the initial centralisation of purchases and the expectancy of requisitions, which has been able to dissuade potential contractors. To this end, the emergency legislator has chosen to favour the emergency procedure, an option which must respect the principles required by Union law. With regard to ordinary contracts, the initial suspension of new calls for tender has had to be reacted to by suspending the deadlines agreed with the state of alert, while for existing contracts measures have been taken to compensate contractors if the agreed measures have made it impossible to perform. Finally, as regards review procedures, the possibility of extending the special appeal to all contracts regardless of their value is studied as a means of alleviating the foreseeable judicial bottleneck.

Published

2020-12-15

Issue

Section

ADMINISTRATIVE REPORT OF SPAIN AND THE EUROPEAN UNION