The use of electronic, computing and telematic means in the new legislation on public procurement

Abstract

Electronic contracting pretends to be a new strategy of the European Union and the Spanish legislator. However, the new Law 9/2017, of 8 October, on public procurement, only provides this idea in its preamble. The legal framework regarding this matter is as disappointing as it was in 2007, and it perseverates in the same mistakes. Beyond its disastrous systematization, the new legislation imposes the duty of using electronic means just after its entrance into force without articulating the necessary tools for allowing the access. The new legislation only provides some new insights regarding the matter of active publicity, the other rules are a mere transposition of Directive 2014/24/EU which some of its provisions –like those concerning electronic catalogues– have been omitted in the new Spanish legislation.

Keywords:

public procurement, electronic administration, electronic contracting, contractor's profile, contracting platforms, electronic catalogues