What if bidding is not always the most efficient way to procure goods and services?

Abstract

Public procurement law revolves around bidding as the best formula for acquiring goods and services in the market. However, the necessary assumptions for an efficient bidding process do not always concur in reality: this is the case of the existence of a plurality of bidders or the capacity of the contracting entity to adequately plan and design its contracts. In this context, this paper questions the premise rooted in the current Spanish legal system that competitive bidding is the most efficient option, which does not require justification, and it exposes the usefulness of alternative formulas for public-public and public-private partnerships outside competitive bidding, which should not necessarily be considered as exceptional techniques.

Keywords:

bidding, public sector, efficiency, public-public cooperation, third sector, open-house contracts