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What is the contentious-administrative appeal?

Appeals and Challenges

Well, we are going to the grain: the contentious-administrative appeal is basically the legal wild card that companies (or any mortal) have when the public administration is passed on the list in issues of tenders and contracts. If you believe that the City Council, the Ministry or whoever has been released from the manga a bungling or unfair decision, this is the way to stand up.

In everything that has to do with awards, selection of companies, absurd conditions in the contracts and those things that usually give headaches, this resource is the one that can get you out of trouble. Of course, it is not a letter that you can play when you feel like: there is a specific law that regulates how, when and where you have to present the happy appeal (regulatory law of the contentious-administrative jurisdiction, in case you want to impress in the next family meal).

The roll is that you cannot fall asleep in the laurels: you usually have two months since they notify you the decision you want to challenge. That is, if you get a resolution on Tuesday, do not leave it for the last minute because then the dramas and the "oh, if I had done it before." Of course, sometimes there are exceptions and rare nuances (because the law is never simple, of course), so it is worth calling a lawyer and clarifying it to you.

For companies that play pasta and reputation in public competitions, this resource can be lifeguard. Imagine that you see that they blatantly favor your competition or that the award criteria change at the last minute by magic ... because that is where this resource comes into play. You can claim and, hopefully, put the administration in place.

Now, I'm not going to fool you either: getting into these squeezes is neither fast nor cheap. Between lawyers, fees and the time lost, the thing can be put up. Therefore, before launching you, better ask for legal advice and see if it really is worth the blanket to the head.

In summary: the contentious-administrative appeal is the "here I am" against the very decisions of the administration in public tenders. Useful, yes; Easy and cheap, or of the pussy. So, if you are going to fight, better to do it with the clear cards and a good lawyer next to it.

Marta Jiménez

Marta Jiménez

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

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