National Public Procurement Strategy

"The actions to be carried out within the framework of the ENCP must be simplified or specified and the presence of the ENCP and its contents on networks must be improved."

La National Public Procurement Strategy (ENCP hereinafter), a binding legal instrument for the entire public sector and provided for in article 334 of Law 9/2017, on Public Sector Contracts, was finally approved and published on the Public Sector Contracts Platform on past February 3.

The approval of the ENCP is one of the milestones contemplated in the Recovery, Transformation and Resilience Plan approved by the Government and the European Commission in the first half of 2021. Therefore, this approval has simply been seen as a milestone in itself framed within that Plan when the significance does not really lie in its mere formal approval, but in that its effective application allows for a more transparent, professional and efficient public contracting.

The European Union provokes this change in strategy with the purpose of changing the raison d'être of public procurement and implementing a broader perspective. In search of this perspective and in coordination work, the Public Procurement Coordination Committee (CMC from here on out) appears.

During one of the interventions, emphasis was placed on providing more capacity to the Independent Office for the Regulation and Supervision of Procurement (OIReScon hereinafter) considering that the work of the aforementioned Committee is being insufficient, while said Office is carrying out a great deal of work, for example, preparing high-quality reports.

Throughout the session, the entire process that must be carried out for the preparation, approval, implementation and evaluation of the ENCP was also explained. The first steps, concerning the proposal, which is promoted by the CMC and subsequently approved by OIReScon and sent to multiple national institutions, have already been taken. The next step in the validity of this strategy, which extends from 2023 to 2026, is its continued monitoring as it is a living document that can undergo modifications proposed by the CMC and approved by the OIReScon in a midterm evaluation that will be carried out carried out in 2025. Finally, at the end of 2026, the final evaluation will be carried out again by the CMC, which will send it to the OIReScon. This last part constitutes one of the key elements of the strategy, since the final evaluation will lay the foundations for the new ENCP, which will have to be prepared when the current one ends.

The delay in the application of a strategy that has already been in force for a quarter is related to the scant specification of the actions proposed in the document. One of the jobs to be done, then, is precisely to specify more to facilitate the new public contracting model.

This new public procurement model has these key objectives:

  • Prevention of corruption, as well as the improvement of the supervision of public procurement
  • Professionalization of public workers
  • Electronic and strategic contracting
  • Support for environmental, social policies...
  • Promote a clear and stable regulatory framework to provide legal certainty to public procurement
  • Participation of SMEs in the public procurement market

As a final proposal and to synthesize two of the keys to the presentations, it is worth emphasizing the need to simplify or specify the actions to be carried out within the framework of the ENCP, as well as the need for the ENCP and its contents to be present in the website of the Ministry of Finance and Public Function for the sake of greater transparency.

*The session of "National Strategy for Public Procurement" was organized by FIDE March 22nd. The following speakers participated in the session: Francisco Cano, Member of the Procurement Management and Division of the Independent Procurement Regulation and Supervision Office, Beloved by Juan Quirós, Member of the Procurement Supervision and Institutional Relations Division of the Independent Procurement Regulation and Supervision Office and Jose Antonio Moreno Molina, Professor of Administrative Law and Director of the Master's Degree in Public Procurement at the University of Castilla-La Mancha. The session moderator was Diego Perez Martinez, Director of the Legal-Institutional Division of the Independent Authority for Fiscal Responsibility (AIReF) and State Attorney.

Summary prepared by José Luis Bonet for FIDE

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