Public procurement

In a public tender to award a contract related to the interoperability verification of the railway system , the Administration awarded the contract to a TJV (a Temporary Joint Venture, that is, several companies that come together to execute the contract). Another bidder challenged that award challenged that award railway association railway association procedure be reversed to the moment when the "professional qualification" was verified, to review if each company individually met the requirements set out in the specifications. The key debate was whether the specifications require

The key debate was whether the "cover" the others , or is it mandatory for all companies in the TJV to have it individually? The winning TJV and the State Attorney argued that this was required. “cover” the rest , or is it mandatory for all companies that make up the UTE to have it individually? The winning UTE and the State attorney argued that this enablement had a technical component and could be accredited "cumulatively" among companies, thus favoring proportionality and free competition. The recurring association, on the other hand, argued that enablement is a "highly personal" requirement that is neither transferable nor shareable, and therefore each member must have it complete (unlike solvency, which can be combined among several). The Supreme Court rules in favor of the appellant, even though the regulation does not say so literally, understanding that when enablement is necessary to execute the contract,

all members of the UTE reason to the appellant , although the rule does not say so literally, understand that when the qualification is necessary to execute the contract, all members of the UTE must have it. If any of them do not have it, the award is invalid, because allowing it would open the door for unauthorized companies to enter public contracts "under the cover" of the UTE. In this case, since the contract could not be divided into lots or separate services, the Supreme Court concludes that each company must have the required enablements; but in the winning UTE, only one of the two had them in full. Our professionals can advise you and address all issues related to contracting with the Administration

Our professionals can advise you and address all issues related to contracting with the Administration