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What is the principle of equality?

Basic Concepts

Look, the roll of equality in public tenders is not just a beautiful formality that they put in the papers, it is the pillar, the base, the "if this fails, everything goes to the gate." Because? Because if a company has more advantage than another from the beginning, what is the use of competing? It is like putting Messi playing against my cousin the lame and waiting for there to be emotion. That is, all companies have to have the same opportunities, without trap or cardboard.

The rules on this issue vary according to where you are. In Europe they have it very clear in the treaties of the European Union (bureaucrats in Brussels do not walk nonsense), and in Spain it is also well written in the Public Sector Contract Law. Basically, no one can go ready and pull plug, nor those who take out the tender or the companies that compete.

And how does this translate day to day? Well, for example, the specifications have to be as clear as water. No ambiguities "for friends", or secret information for the usual friends. If you have a doubt, the answer should reach everyone, not only those who have the official's WhatsApp. And the time to present equal proposals for all, nothing "oh, that we give you two more days because you are from my people."

Now, don't think this always works as he should. There are companies that feel discriminated because they are small, or because they are on the other side of the country, or simply because. And there begins the drama: resources, claims, judgments ... it is brown. That is why the administrations have to walk with lead feet and be an open book, because to the minimum, Zasca, you fall a complaint.

If you are a company and you want to put yourself in this eggplant of public tenders, you better understand the principle of equality. Know not only what the law says, but how the thing moves in practice. So you can prepare, detect if they are straining a goal and, if necessary, claim. And be careful, the rules change every two to three, so you have to be in the parrot.

Anyway, that the equality in tenders is not just posture; It is what makes the game fair. If you get well, you have half a way to catch a public contract. And if not ... then you will see how others take the cake. This is how this goes.

Marta Jiménez

Marta Jiménez

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

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