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What is the special resource in hiring?

Appeals and Challenges

Ok, let's go to the point. The special resource in hiring, which sounds super formal, is basically the legal lifeguards that companies have when they feel they are teaching them in a public tender. If a company sees something weird or directly illegal in the award of a public contract, you can get this resource and say "hey, this is not going like this."

This is regulated by article 44 of the LCSP (Public Sector Contracts Law, in case the acronym sounds). And yes, we are talking about Spain. It is an administrative appeal, that is, it is not necessary to go to the court with toga and everything - this one directly fights with the administration that took the contest. Faster, less judicial drama.

Who can use it? Well, any company or person who has a real interest in the contract, nothing to sneak out because yes. That is, if you participated and you think they are annoying you in a bad way, you can present the resource. But be careful, we must comply with the usual paperwork: having participated, having a legitimate interest and that the decision in question harms you.

Typical situations to use this appeal: they throw you from the non -meaning contest, give another the contract in a suspicious way, or modify the contract halfway without transparency. Come on, everything that smells like a pig.

Of course, you have to move quickly. You have 15 business days since the decision to get the appeal is notified. And it is not enough to say "it seems bad": you have to present it in writing, identify, explain what the problem is and why you think the law is jumping.

A key fact: When you present this resource, the award process is paralyzed. That is, the administration has to wait to resolve your complaint before moving forward with the contract. A kind of very useful pause button, really.

In the end, the special resource is a vital tool for companies not to stay with crossed arms when they see injustices in public competitions. It serves to ensure that the thing is cleaner, egalitarian and competitive. So if you move in this world, it is convenient to keep it in mind and, above all, do not hesitate to use it when necessary.

Marta Jiménez

Marta Jiménez

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

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