The need to overcome the dogma of contractee interposed: a purpose of the management commission

Abstract

This study raises the need for reforming the figure of the management commission, by the abuse that it made the public Administrations to circumvent the guarantees and principles that the law imposes on public procurement, in a sort of duplication the old liberal dogma the contractor interposed, which required the Administration to hire individuals with all types of works and services to meet their needs. The current deficient regulation of the charge of management commission instrumental means, does not require that they have sufficient means, nor the commission –yes exigencies are imposed on the direct administration execution by through services not personified– interposed between the Administration and the contractor, a procuring entity, usually a public commercial company, with the sole purpose of make flexible hiring an outside commission execution –even as a whole– which calls for a regulatory overhaul of both modes of direct execution, as to the requirement that the instrumental entity has sufficient resources and that their actions pose a significant saving.