The prohibitions from procurement under the spanish Public Sector Procurement Act

Abstract

This article highlights the grounds and elements of the so-called «prohibitions from procurement» i.o.w. the legal obstacles that hinder the engagement of certain parties (individuals and public or private corporations) in the public procurement system. As well as the requirements of capacity and relialbility of tenderers, aimed at ensuring the fairness and equalness in the public procurement procedures, said prohibitions are especifically laid down to impede the manipulation of the public interest and the failures of the public performance in general. Nevertheless, incomprehensibly, the different prohibition clauses apply inequally to the public Administations and to other public bodies. If the only and objective purpose of the «prohibitions from procurement» is to prevent certain unworthy or illicit conduct performers from taking part in the public procurement system, said prohibitions should apply to all public contracting authorities indistinctly.