Fraccionamiento del contrato y división en lotes. Posibilidad de limitar el número de lotes a los que un operador económico pueda licitar o adjudicarse a cada licitador

Abstract

In this paper we analyse the subject starting from its historical background to the new regulation of the fourth generation of Community Directives and the Public Sector Contract Law Project (PLCSP). In accordance with the objective of encouraging the participation of small and medium-size companies (PYME), EU´s Directive 2014/24 provides that non-division into lots should be justified. In a similar way, the contract cannot be divided in order to reduce its amount and advertising requirements or those related to the award procedure which apply. As regards the limitation to the number of lots in which operators can attend, or the limitation to the number of lots that can be
awarded to a single bidder, this must be done prior to the corresponding study that guarantees the public interest, the efficiency of the decision and the market conditions, favoring competition.