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What is the appeal for all?

Appeals and Challenges

Let's go to the grain: the appeal is basically the cry of "Eh, this is not right!" That a company can hit when he feels that a public tender has played dirty. It is not magic, it is a legal procedure that serves to challenge (that is, formally protest) any resolution or administrative act that smells weird or, directly, harms the company. Who receives the complaint? Well, the same organ that made the decision ... or, if you want to climb the drama, the head of that organ.

This resource is not any paper; It is key in the world of public tenders because it defends the principle of legality. That is, things are done as the law sends and not as someone wants in an office. If a company thinks that there was a trap, favoritism, or simply things were not done as it was, the appeal is the way to stand and say: "Let's see, review this."

Now, in Spain, all this is governed by Law 39/2015, which sounds super boring, but it is the Bible of Administrative Procedures. Eye with the deadlines: you have only one month to present the appeal if the decision is clear and have notified you. If you have not even deigned to answer you and the act is "presumed" (word of lawyers to "suppose yes"), there you have up to three months. Not one more day, huh? That then the dramas and "you had to have done it before."

Of course, it is not enough to complain to complain. You have to curb it: present the appeal within the deadline, explain well why you think the decision is wrong, provide evidence (it is not worth crying), and follow the steps asks for the law. If you go crazy, it is most likely that they don't even read you.

And, honestly, if you have no idea how this is going from public tenders, look for a lawyer who knows the subject. Better invest in that to lose a tender for not filling a paper well.

Summarizing: the appeal is your legal lifeguard when they step on you in a public tender. But be careful, use it well, know the rules of the game and let yourself be advised by people who know. If not, neither resource or anything.

Marta Jiménez

Marta Jiménez

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

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