Regulation in Spain and Paraguay of challenges to the bidding conditions of public contracts. The requirement of standing

Abstract

Both Spanish and Paraguayan legislation regulate the resolution of challenges that are substantiated in contractual procedures, attributing their knowledge to an independent body and with regard to complaints of the bases of public contract tenders, it is required that the person making the complaint be entitled to have it admitted for processing. In Spain, these issues are regulated by Law 9/2017, of 8 November, which transposes into Spanish law, Directives 2014/23/EU and 2014/24/EU, of 26 February 2014 (hereinafter, LCSP), and in Paraguay, in Law No. 7021/2022, “On Public Supplies and Procurement” enacted in December of that year (hereinafter Law No. 7021/2022),  approved in order to optimize the national public procurement system and create a national public supply system, this legal norm being developed through the recently approved Decree 2264 of August 1, 2024. In accordance with the aforementioned regulations, the common points and differences in the respective regulations are examined, on the one hand, with respect to the special appeals in the field of procurement in Spain and, on the other, with respect to the so-called protests in Paraguay, which are promoted against the bases of a public tender in the terms indicated.