THE State Bar Association certified that the signing of specifications such as those signed by the wife of the President of Government, Begoña Gómez, in the chair she co-directed at the Complutense University of Madrid (UCM), does not require conditions or requirements specific.
The judge in charge of the investigation into the alleged irregularities in the management of said chair by Gómez, Juan Carlos Peinado, requested at the end of November from this entity a detailed report on “the academic qualifications and the qualifications required for the development, writing or subscription of any specifications and/or optional requirements which must serve as a basis for any application procedure”. selection of contractors in the service contract award processsupplies or public works”.
In a letter sent on December 2, the association asserts that its performance as an expert in this procedure would compromise the neutrality of the institution, given that the technical question raised concerns the professional, legal and statutory domain state attorneys and coincides with a criminal proceeding in which a state attorney appears in the case.
Despite this impossibility, the entity transmits to the Court information on the legal regime applicable to preparation, drafting or subscription of specifications and optional prescriptions”.
Hiring specifics
The document specifies that the procurement file provided for by Law 9/2017 begins by motivating the need for the contract, defining its purpose. through a memory and, where applicable, integrating specific administrative clauses and technical requirements.
The document adds that once the file is completed, a reasoned resolution is issued to approve it and organize the opening of the award procedurewhich implies approval of the expenditure, except for exceptions provided for by current legislation.
Furthermore, he emphasizes that the approval of the specifications specific administrative clauses will correspond to the project owner, which can also approve models of specific specifications for certain categories of contracts of the same nature.
“No specific qualifications are required”
The State Bar Association concludes that “a reservation regarding the function of drafting such documents is not provided for.” to a body of concrete and determined leaders, no specific qualifications are required for its writing either.
“It is not even provided that the contracting authority must draw up such documents itself be able to obtain the collaboration of private companies in the development of technical specifications or the budgets that support the contract or other related matters during the preparation of the contract procedure, in the terms provided for in art. 70 of Law 9/2017″, they indicate.
Furthermore, regarding the “subscription” of such documents, Law 9/2017 “refers only to their approval by the contracting body, individual or collective, depending on the administrative body to which this competence is attributed depending on the applicable administrative regulations or internal procurement rules, in the case of public sector entities which are not contracting authorities, or if they are, they are not public administrations.
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