What is the principle of proportionality?

The roll with the principle of proportionality in public tenders is basically preventing them from spending with the rules. It is not just a legal whim, it is what prevents the process from ending up being a private club for the usual or for those who have more financial muscle. If this does not exist, forget about real competition.

Let's see, the idea is simple: the conditions and requirements they ask to participate have to make sense with what they seek to hire. That is, it has no logic to ask a microenterprise to demonstrate experience by building airports if all they want is to paint a school, right? If you spend asking impossible things, you kill the competition and, in the end, the State ends up paying more for less.

This principle is supported by a lot of laws, both here and in Europe and in countries and Mexico. In the European Union, for example, they even dedicated entire chapters to this roll in its directives. It is not an optional wave, it is mandatory.

For companies, knowing this is not just general culture: it is survival. If you run into a contest that seems tailored for a certain supplier or with ridiculously high requirements, you can use the principle of proportionality to fight it. Many times it works to challenge bases that have neither feet nor head. And yes, sometimes they even lie for this.

A quick example: if an SME is asked to demonstrate five -year experience in millions of millions, when the project is much smaller, there is a carnita to challenge using this principle. The same if the evaluation criteria seem designed to leave the boys out and benefit the great fish. You have to raise your hand.

In summary, the principle of proportionality is the security network so that the process is not broken down and so that public resources do not end in the hole. If you dedicate yourself to this or you are thinking of entering, always keep it in the sights. You can save you the skin and, incidentally, help the thing to be more fair for everyone.