Reflections on the Law of Public Sector Contracts from the engineering sector consultation

ARGÜELLO Fernando ÁLVAREZ
Director General of the Forum for Engineering Excellence (FIDEX)

ABSTRACT:

Public Procurement Legislation should recognize the intellectual character of engineering and architecture. However, in Spain the successive laws have moved in the opposite direction until full equality of these services with other services without intellectual content.

We are at the worst time in terms of quality assessment in engineering services, because the Spanish legislator is more concerned about the risks of corruption in the contracting for efficiency investments.

But Europe proposes that the cost may be fixed, depending only competing quality. Our legislation should incorporate the spirit of these new European Directives, recognizing the intellectual character of the engineering and architecture, and prioritizing them quality over price, because engineering excellence guarantees efficient investment.

KEYWORDS:

Contract, Consultant, Engineering, Law of Contracts, Technical Assistance, Competition, Government procurement, Tender, Price, Quality.