Two formulas for the valuation of economic offers in accordance to Law 9/2017, on Public Procurement
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Law 9/2017, on Public Procurement, has as one of its main objectives to achieve a better value for money in public contracts. It introduces the obligation of the contracting bodies to ensure that the design of the award criteria allows obtaining high-quality works, supplies and services. This implies the need to overcome some inertia, specifically those valuation formulas for economic offers aimed at awarding the contract for the lowest possible price, even at the cost of the quality of the service or the unsustainability of the offer.
For the valuation formulas of the economic offers to serve these new principles of public procurement, it is necessary that there be a proportionality between the value of offers in absolute terms by each tenderer and the score attributed to the respective offers. This means that the so-called “penny effect” should be avoided, that is, that for a minimal difference in the economic offer, a poor technically offer can obtain more points in the total valuation than a technically very superior offer. The article proposes two formulas in accordance to the principles of Law 9/2017, on Public Procurement, and it makes a practical comparison of its application.