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What is the contracting body?

Basic Concepts

Ok, let's forget the legalistic tone of manual and let's talk clearly: the hiring body is basically the "boss" of the whole process when a public administration wants to buy or hire something. Who is that "boss"? It depends. It can be an apartment, a general director, a council of wise (well, not so wise sometimes), or simply someone with enough power to sign and move official papers.

The movement is regulated by the Public Sector Contract Law in Spain (the famous Law 9/2017, for those who like to cite articles and sleep with the law under the pillow). And yes, in other countries there are similar norms, each with their own legal manias. In the end, everyone comes to say the same thing: the contracting body is the one who can sign contracts on behalf of the public entity, provided that its internal rules allow it.

Who can be? Well, sometimes it is a committee, sometimes a single person with a lot of tie, or even advice. It doesn't matter, the important thing is that always, but always - at least in theory - they have to act with transparency, without friends, and following the law. And be careful, they also have to look for the thing to go well, that public money does not be wasteful, and that everything is efficient. Come on, it's not worth going fudge.

And what exactly do they do? Well, from publishing that there is an open contest, write the bases (the famous sheets that nobody reads until it is late), open the envelopes with the offers, decide who wins and then monitor that the contract is fulfilled. They also have to dance in the puddle of modifications, manage brown and solve fights if the thing twists.

If you are a company and want to catch a public contract, you have to know very well who this contracting body is. It is your number one contact, the mailbox for your doubts, your complaints and your proposals. So, you better get along with them and understand what they want (and what is not).

Summarizing: the hiring body is the one that cuts the cod into public purchases. From launching the tender to ensure that the contract is fulfilled without dramas. If you are a company and you do not know who is or how to talk to you, you go wrong. Learn, ask and, above all, do not lose sight of the fact that they have the door key.

Marta Jiménez

Marta Jiménez

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

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