Could the COVID-19 be grounds for streamlining acquisition procedures?

Yes. As provided for in Article 42 of Law 10/2020, the entity responsible for disaster risk management and reduction, may enter into public contracts through exceptional acquisition procedures for the purchase of goods and provision of emergency services for humanitarian assistance.

It is further established that such contracts are exempted from having to obtain the prior approval of the Administrative Court. However, the said acquisition is subject to its successive supervision for the purposes of confirmation or homologation. Additionally equipment and other goods subject to public tender procedures is subject to prior inspection and evaluation by specialized technical entities.

 

Can I withdraw a bid already submitted in a public procurement procedure claiming that because of COVID-19 I can no longer meet the requirements to which I am bound?

The disruption caused by COVID-19 could be grounds to release the bidder from the bid submitted provided that it is duly justified (such disruption must be an event which the bidder was not required to be aware of at the time of preparation of the bid and that demonstrably renders performance impossible or excessively burdensome).

 

__________________________

This information is being updated on a regular basis.

All information contained herein and all opinions expressed are of a general nature and are not intended to substitute recourse to expert legal advice for the resolution of real cases.