Sub-dimensional public procurement as a major issue for the public sector

Abstract

Few issues have motivated as much literature after the approval of the LCSP as sub-dimensional public procurement, quickly becoming the star issue of the reform. The confusion caused by the inadequate wording of its article 118 quickly turned it, precisely because of the resistance of public Administrations and entities to abandon it, into a bigger issue, even, if I may say so, into game that is practically impossible to hunt down despite the satisfaction with which its new regulation was initially accepted. And so, although the restriction of the 2017 reform is due, among other issues, to its abuse for years, the legislator has gradually undermined the initial firmness in this regard.

Keywords:

Sub-dimensional public procurement, necessity and suitability of public contracting, undue division of the contract, contractual efficiency, technical rationalization of public contracting.