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What kind of penalty can the administration impose?

International Tenders

We are going to say it without so much return: the penalties in public tenders are the stick that the administration has by hand so that companies do not pass from lists. They are there so that nobody forgets to fulfill what he signed and, incidentally, protect everyone's money. There are penalties for almost any leg, either a clause of the contract or try to get ready in the bidding process itself.

Not all penalties are the same, of course. They change according to the type of contract and the severity of the "shit." The Public Sector Contract Law (Law 9/2017, for the very fans of the BOE) makes it quite clear: they can fall fines, they can veto you to hire with the administration, or directly they can send you home by terminating the contract.

The fines, to begin with, are the bread of each day. If you do not comply, then to pay. The amount depends on how serious the infraction has been - it may be a ridiculous amount or a good sablazo, even a percentage of the contract. And be careful, sometimes they put you daily fines until you fix the mess. Creative punishment, huh?

Then there is the classic "You can't play in my patio": the suspension to hire with the administration. It can last a few months, or you can stay out forever, depending on how ugly you have done it. During that time, you don't even dream of another public contract.

And if the thing is already traca, the administration can decide to cut for the healthy and terminate the contract. Normally it happens when you have done something fat or have gone from repeat offender. Obviously, you not only lose the contract here, but you want points so that they do not want to see you in future tenders. A Win-Win ... for the administration.

Of course, before putting the cross, the administration has to follow a legal process. They can't punish you as if this were the save me. They have to warn you, let you explain your version, and sometimes you can even appeal. Not everything is so crazy.

Do you want to avoid these brown? Easy (well, easy in quotes): meet your obligations, stay up to date with the bidding standards, and if you can, signed someone who knows the subject so you don't put the leg unintentionally. A good risk management system is not bad either, which is never known. In the end, the best way to avoid penalties is to behave well, even if it sounds boring.

Marta Jiménez

Marta Jiménez

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

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