Sub-dimensional procurement at the local level: chronicle of an impossible death

Abstract

Five years after the entry into force of the Public Sector Contracts Law, it is surprising how minor contracts resist as a lively instrument despite their initial restriction by the 2017 legislation. The legislator has refused to eliminate this tool because of the public sector resistance, and it has decided a more flexible legal framework to resolve the many doubts about its scope. The interpretative difficulties are even more significant at the local level, where their frequent use and consequent uncertainty exponentially increase due to the scarcity of all types of resources and the exasperating uniformity sanctioned for all local entities by a legislation which does not consider their idiosyncrasies and singularities

Keywords:

minor public procurement, sub-dimensional public procurement, necessity and suitability of public procurement, undue division of the contract, contractual efficiency, technical rationalization of local public procurement