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What is the role of the contracting entity?

Basic Concepts

Ok, let's go to the grain and bluntly. When we talk about public tenders, the contracting entity is basically the head of the Cotarro. It is that agency (normally from the government, but sometimes also from other public institutions) that needs to buy something: services, products, works, whatever. So he launches the process to see who sells what he needs. And be careful that here it is not about spending the money crazy: they have to make sure that everyone's money (yours, mine, that of the neighbor) is spent in the most intelligent way possible, choosing the most cool offer in quality and price.

On a legal level, this entity has to follow the law to the letter. Do names such as the Public Sector Contract Law of Spain sound like? Or the Federal Procurement Law in Mexico? Well, those regulate how things should be done: all transparent, the same for all, without favoritism, and with the competition well placed on the table. No charts under rope.

The contracting entity, in addition, is the one that curds all the documentation of the tender. You have to leave very clear what you need and how you will judge those who present themselves. You will find technical sheets (where they tell you exactly what they are looking for) and administrative specifications (the rules of the game: the legal, the economic, all that). They also have to answer the doubts of the companies that arise, because there are always a thousand questions.

Did the offers already appear? Well now it's time to check each with magnifying glass. They look at the technical details, make numbers, and if necessary, they negotiate with the contestants. When they finally choose someone, they have to explain why and notify everyone, so that no one is hung by waiting.

Was the contract signed? Well, the thing doesn't end there. The contracting entity has to be on top: that the supplier complies with, that everything agreed is delivered, and if there are problems, it will touch sanctions or, in the worst case, break the contract.

Anyway, summarizing: the contracting entity is the heart of all this mess of public tenders. It is the one who puts the rules, watches that there are no traps, and ensures that public money is used well. If you are a company and want to get into these processes, you better be clear who the contracting entity is and how it moves. If not, better or bother.

Marta Jiménez

Marta Jiménez

Expert in public procurement • Digital transformation of tenders • Trainer and author at Tendios

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