Interdependencies and Public Procurement Law. The Example of Spanish Division into Lots

Abstract

Public Procurement legislation in EU countries comprises first, the EU principles of the internal market and the EU Public Procurement Package of 2014. In Spain, public procurement is regulated by the Law 9/2017 of public contracts. Two of the characteristics of the construction sector are the rigidity of sequences as well as the overlapping of operations are two elements that allow for better performance but, usually are misrepresented during the planning process of a public construction project. According to the Spanish Law of Public contracts, all projects must be divided into lots unless some-limited-circumstances concur. Additionally, all lots must render a finished outcome. This paper argues that these two elements are incompatible and proposes an alternative option that takes into account the characteristics of the construction sector and supply chain theory by dividing into processes thus reconciling the construction and public procurement sector. The research question proposed is how can a public procurement construction project be divided taking into account its inner characteristics. The methodology used is doctrinal legal research with a functional approach.