When is a previous legal report necessary?

Look, on the issue of public tenders and all that story of hiring with the public sector, the famous "previous legal report" is not just a role. It is like the Guardian of the Castle: without him, you risk that the tender is a disaster, that everything smells weird or that someone comes to tell you "Hey, this was not legal." That is, it is not optional; In many countries, you have to do it yes or yes depending on what point in the process you are.

For example, before approving the specifications (those documents with all the rules and conditions for the tender), it is time to remove this legal report. So that? Well, basically, to make sure you are not putting the leg with any rule or inventing impossible requirements. Nobody wants to end up in a silly detail, right?

Now, if after passing the specifications someone decides to change something important, you can't go crazy either. You have to requested a previous legal report to see that the new changes do not load the legality of the entire process. It is like when you change a rule in the middle of the game: better that someone checked that is not a trap.

And when the great moment to award the contract (come on, choose the winner) comes, again: legal report to singing. Thus you make sure that no one can say that there were favoritisms, rare treatment, or that you skipped the rules of clean play.

In places like Spain, this is not just a recommendation, it is law. The public sector contract law leaves it very clear: if the contract goes from a certain value, the previous legal report is mandatory, without peros.

Of course, beyond what the law forces, this report can also save the skin in other situations: if you see that the thing is cloudy, if there is a risk of disputes, or when you do not understand or pope of a rare legal issue. Better ask before crying later, don't you think?

So, summarizing: the previous legal report is not a bureaucratic whim. It is key for the entire bidding process to be transparent and does not end badly. If you are going to get into a public tender, better do it well from the beginning and have this report as part of your legal survival kit. Believe me, you can save more than one headache.