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Transparency and Integrity

Spain will continue to promote maximum transparency in public procurement procedures, only limited by due respect to confidentiality obligations deriving from EU Law (in particular, relevant EU Directives).

Country: Spain

Status: complete

Themes: Public procurement

Last updated: December 2020

Classification:

Concrete: Somewhat Concrete | New: Not New | Ambitious: Ambitious

  • 3 Evidence:

    Commitment 9 as outlined by the Spanish Government - Entry into force of the law 9/2017

    The governance scheme is on the Libro Cuarto of the Law

    TRANSPARENCY AND ADVERTISING ACTIVE: COVID-19 AND STATE OF EMERGENCY IN SPAIN

  • 3 Notes:

    It is important to notice that during covid emergency procurement has altered some of the EU directives.

    Specifically, the government should centralize all information related to economic transactions aimed at combating the pandemic.

    It is recommended to deepen the detail of public procurement information published, specifically, with regarding the following requirements:

    1. Contractor information. Only who is the successful bidder is indicated.

    2. Reason for the award: Specify and justify its usefulness and need intended for the protection of persons. In several contracts, the motivation is very vague.

    3. Justification of the contract: in several published contracts, the justification is simply COVID-19. However, it should be spelled out more clearly.

    4. Justification of the contracting method.

    5. Detail the unit and total price of the goods or services contracted. In this sense, it is also important to guarantee:

    1. The effective fulfilment of the obligation to publish and formalize the contracts in the terms of articles 154 LCSP4 and 150 of Directive 2014/24.

    2. The simplification of access to the different portals, platforms and profiles of the contracting party regarding COVID-19 information. In this sense, it is important to create, whenever possible, specific tabs (within the suggested portal "COVID-19 alarm status") from which you can easily access all contracts that, as a result of the crisis, have been entered into by formality emergency, with negotiated procedure or other extraordinary procedures, with detailed codes that allow filtering. This would allow greater control by the citizens and would facilitate, in turn, the massive processing of data in a reusable format for your study.

    3. Compliance with the requirements of article 85 of Law 19/2013, of December 9, transparency, access to public information and good governance, with a section of special transparency dedicated to COVID-19.

    4. The promotion of Integrity Pacts6 in high-impact contracts that act as counterbalance in the absence of competition and provide reliability to decisions contractual.

    Updated: October 31, 2020

    Spain has an effective Public Procurement Law that continues to be implemented properly and transparently.

    Updated: April 30, 2020

    No change since 2017.

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