La selección del contratista en el sector público: criterios reglados y discrecionales en la valoración de las ofertas.

Authors

  • L. A. BALLESTEROS MOFFA

Keywords:

valuation, discretion, «most economically advantageous tender», objective awarding criteria, criteria depending upon value judgements, weightings, committee of experts, specialized technical organism, abnormally low tender

Abstract

After the coming into effect of the Law 30/2007, dated the 30th of October, with regards to Public Sector Contracts and Royal Decree 817/2009, of May 8th, as a partial development of the said Law, a renewed regime of Public Sector contracts awards has taken shape in our Law according to the Directive 2004/18/EC of the European Parliament and of the Council, of 31 March 2004, on the coordination of the procedures for the award of public works contracts, public supply contracts and public service contracts. However, not all institutions of this internal regime of awarding as well as other subjects concerning public contract disciplines have resulted from the Community transposition, among them certain organic and procedural figures related to the discretionary assessment of tenders, keystone of the system.

Published

2009-12-04