When does a special hiring resource proceed?

Well, look, the special appeal for hiring - that invention they put in the Public Sector Contract Law - basically like the “Hey button, this does not fit me” before public contracts are distributed. It is the ace under the manga that the bidders have to stand and say: "Eh, here they are treading my rights!" If they believe that the administration has passed the list or has put the leg, they can protest before the contract falls into other people's hands.

Now, it is not that you can use this resource at any time or for any nonsense. Only in concrete cases: for example, if any step of the award process leaves you out of play or if it leaves you helpless, or, worse, if it does damage that cannot be fixed. You can also complain about the specifications (that is, the rules of the game) and for the acts of award in contracts that are under the European rules, or those that fall within the WTO public procurement agreement. That is, when the thing is serious and there is pasta in between.

And he doesn't stay there. You can also pull this resource in public-private collaboration contracts, concessions of works, services ... and eye, although your contract is not of the "harmonized", if they process it by open, restricted or negotiated procedure with advertising, and money dances over certain European thresholds, you can also put a trick.

Of course, it is not for anyone. Only those who really feel harmed by the awarding decision can really be used. That is, you have to be involved and have something to win (or lose). Nothing protesting.

And, so as not to liar it, you have to comply with the bureaucracy. The appeal must be submitted in writing, within the deadline (fifteen business days since they notify you of the award or the decision that bothers you). If you sleep, goodbye very good.

So, summarizing, the special resource in hiring is the previous control par excellence for companies that are played in public tenders. It serves to stand up to suspicious or unjust decisions and, in theory, it helps this not to be the west and there is some clean transparency and play. Of course, use it with a head and, if you can, with a lawyer who knows the subject, because getting here without a network can end in legal disaster.