The legal advice of the AOC Consortium guarantees the possibility of make electronic notifications in the procurement procedures through identification systems with disposable passwords, as well as other advanced electronic signature systems (for example, digital certificates without card support, as they are) idCAT, FNMT, etc).
A priori, this may seem contradictory to the Public Sector Contracts Act, which states:
...All acts and declarations of will of the administrative bodies or of the bidding companies or contractors that have legal effects and are issued in the preparatory phase as well as in the bidding, adjudication and execution of the contract phases must be authenticated by electronic signature. recognized in accordance with Law 59/2003, of December 19, on electronic signature.
The justification is found in the fact that theaccess to electronic notification by tenderers is not a manifestation of an act of will, as in the case of signing the contract or other acts of the contracting procedure.
In the case of access to the notification, the system only has to prove that the bidder has accessed its content, with sufficient technical and legal guarantees as established in Law 26/2010, of 3 August. , of legal regime of the public administrations of Catalonia, and to the Law 11/2007, of 22 June, of electronic access of the citizens to the public services. From the AOC Consortium we can provide you with a detailed legal report in case you need it.
For all this, we recommend that in the procurement procedures you allow the possibility of accessing notifications with single-use passwords, which will greatly facilitate the task for bidders who do not have a digital certificate and will achieve greater reporting efficiency.
