La regulación de la baja temeraria en los procedimientos de contratación. Fundamentación actual e historia normativa.

Authors

  • CARLOS PADRÓS REIG

Keywords:

public procurement, dispporportionate low offers, awarding of administrative contracts, price adjustments.

Abstract

Competitive tendering in public procurement procedures may sometimes reveal the existence of offers that are not feasible due to its dispproportionate low character. In these cases, regulation of dispproportionate offerings indicates in which case contracting bodies are able to denny awarding when it can be pressumed that the contract will not be fullfiled. These mechanisms tend to prevent that contractual obligations are not honoured or that awarding prices are increased. The essay examines this aspect from an historical prespective taking into account serveral reforms of pubic procurement legislation (1965; 1995; 2007) and their respective goals.

Published

2010-04-14

Issue

Section

ADMINISTRATIVE REPORT OF SPAIN AND THE EUROPEAN UNION