2023-08-30 07:05:00
When the current Public Procurement Law was promulgated, its authors were looking for agile and transparent procedures that used new technologies to lower costs and reduce the time spent to contract.
Fifteen years later, the Public Procurement Service (SERCOP), created to provide the Administration with adequate instruments to process its contracts, has become a heavy burden, whose main objective seems to be to entangle us in a bureaucratic tangle, which turns any attempt of contracting in a true ordeal that exhausts the time and patience of contractors and contractors.
Today, to contract, it is not necessary to understand legal principles or know contractual or administrative law; public contracts have become a computer technical problem, which has relegated law to the corner of useless artifacts. The law and the regulations are only a tiny part of the current regulations on public procurement and I invite you to try to navigate, and understand, the labyrinth that SERCOP has created with pages and pages of resolutions and resolutions, which are repealed or amended almost every day. day in a row and that, instead of illuminating the path, they fill it with obstacles and traps.
Try, for example, to understand the world of these resolutions, entering the SERCOP web page. To begin with, I looked for the codification of resolutions of the institution, and what appears first is that of August 2016, which has just been repealed by another of August 1 and which, as expected, has already been reformed.
The new resolution (Secondary Regulation, it is called), has 134 pages, 356 articles, 6 general provisions and 6 transitory, and 8 annexes that exceed 100 pages, of which I only find one in the Official Gazette).
Seeing this monument to folly undoubtedly explains the scandalous inefficiency of a government that we can at least thank for having made the decision to withdraw.
#SERCOP #labyrinths