The technical-professional solvency requirements. The experience

Abstract

The entry into force of the new Law on Public Sector Contracts of 2017 has introduced some modifications in the Spanish legal system, in terms of public procurement, by requirements of Community law, in some aspects related, for example, to the experience demanded of the bidders as a requirement to participate in tendering procedures. That aspects cannot forget that Community legislation on public procurement has focused mainly on the stages of preparation and awarding of public contracts to guarantee the principles of transparency in award procedures, equality between tenderers and the opening of award procedures to competition, especially when the contracts exceed certain economic thresholds.
One of the desired consequences of these latest changes is focused on the specification of competition, allowing SMEs and start-up companies to access tender procedures more easily, reducing the time required to accredit previous experience, or allowing the integration of their own solvency through external means.
A special assumption arises, as we shall see, in relation to contracts for the provision of legal services, framed in a legal context that differs in its regulation from what is established at Community level and that also raises specific problems to accredit the solvency and experience of the possible providers of these services.