Can the procedure be followed while the resource is resolved?

Ok, let's talk clearly: the issue of whether a public tender continues while there is a pending resource may seem like a legal roll, but it has more crumb than it seems. Not everything is black or white, and although the Public Sector Contract Law (LCSP) puts rules on the table, the reality is that each case is their world and, sometimes, the courts do their own and change the story.

Look, according to the famous article 44 of the LCSP, to present a special resource not for the bidding and porrazo. That is, it is not like pressing the pause button in Netflix. But be careful, because if the organ that solves the resource, he thinks that continuing can lite it brown and cause serious damage to the one he has resorted, because he can stop the entire beach bar ... but they have to decide quickly, in five days, nothing to be eternalized.

So, can the tender follow while there is a resource? Yes, perfectly. But they may also stop it, it depends on how those who send in the matter see it. The law is not made of stone and leaves margin to adapt to each situation. Flexibility, they call it.

Now, if you are a company and you are considering resorting to, better that you are well accompanied. Here it is not worth improvising or pulling YouTube tutorials. You have to know what is done, have someone to control the subject and can advise you with a head. Public contract experts exist for something, not to show off the title in LinkedIn.

And please, do not present a resource for laughter or because "total, to try ...". It has to be well armed, with arguments that are sustained. If you go with lazy or invented resources, they lie down at zero coma and you are portrayed for future tenders. Bad play.

In summary, for those who seek the quick response: yes, the tender can continue while a resource is resolved, but it depends on whether the organ decides to suspend it. There are no guarantees, so it is better to be advised, do not play it with absurd resources, and be clear that resorting is not synonymous with everything stops. This is Spain, friend, and here things are never as simple as they seem.