Post by account_disabled on Mar 9, 2024 6:03:02 GMT
What is meant by abnormally low offer? Abnormally low offer (also known as reckless low offer) is understood to be offers whose probability of materialization, initially, is remote or doubtful for the purposes of adequately fulfilling the object of the contract since it presents a price difference that raises doubts about the sustainability of the contract for having been formulated in terms that make it abnormally low and this taking into account that these offers present a financial amount lower than the previously established minimum threshold. However, it is important to highlight that this type of abnormally low offers may only be excluded from the bidding file after processing the procedure provided for in on Public Sector Contracts, by the that the Directives of the European Parliament and of the (Law 9/2017), are transposed into the Spanish legal system. II. What are the criteria for appreciating reckless offers? In accordance with the provisions of article 85 of Royal Decree 1098/2001, of October 12, which approves the General Regulations of the Public Administration Contracts Law, they will be considered, in principle, as reckless or disproportionate dismissal
That are in the following cases: When a single bidder participates, it is lower than the base bidding budget by more than 25 percentage units. When two bidders compete, the one that is more than 20 percentage units lower than the other offer. When three bidders participate, those that are more than 10 percentage units lower than the arithmetic mean of the offers presented. However, the offer with the highest amount will be excluded from the calculation British Student Phone Number List said average when it is more than 10 percentage units higher than said average. In any case, a drop of more than 25 percentage units will be considered disproportionate. When four or more bidders participate, those that are more than 10 percentage units lower than the arithmetic mean of the offers presented. However, if among them there are offers that are higher than said average by more than 10 percentage units, a new average will be calculated only with the offers that are not in the indicated case.
In any case, if the number of the remaining offers is less than three, the new average will be calculated on the three smallest offers. Exceptionally, the contracting body may reasonedly reduce the aforementioned percentages by one third in the corresponding list of particular administrative clauses, taking into account the purpose of the contract and the circumstances of the market. To evaluate offers as disproportionate, the contracting committee may consider the relationship between the company's solvency and the offer presented. III. What are the criteria that the contracting body must use to identify offers that are subject to presumption of abnormality? The contracting table or, failing that, the contracting body must identify abnormally low offers or those that are subject to a presumption of abnormality, subject to the following criteria: Unless otherwise established in the specifications, when the only award criterion is the price, in the absence of forecast, the objective parameters established by regulation will be applied and which, in any case, will determine the abnormality threshold by reference to the set of valid offers that have been submitted.
That are in the following cases: When a single bidder participates, it is lower than the base bidding budget by more than 25 percentage units. When two bidders compete, the one that is more than 20 percentage units lower than the other offer. When three bidders participate, those that are more than 10 percentage units lower than the arithmetic mean of the offers presented. However, the offer with the highest amount will be excluded from the calculation British Student Phone Number List said average when it is more than 10 percentage units higher than said average. In any case, a drop of more than 25 percentage units will be considered disproportionate. When four or more bidders participate, those that are more than 10 percentage units lower than the arithmetic mean of the offers presented. However, if among them there are offers that are higher than said average by more than 10 percentage units, a new average will be calculated only with the offers that are not in the indicated case.
In any case, if the number of the remaining offers is less than three, the new average will be calculated on the three smallest offers. Exceptionally, the contracting body may reasonedly reduce the aforementioned percentages by one third in the corresponding list of particular administrative clauses, taking into account the purpose of the contract and the circumstances of the market. To evaluate offers as disproportionate, the contracting committee may consider the relationship between the company's solvency and the offer presented. III. What are the criteria that the contracting body must use to identify offers that are subject to presumption of abnormality? The contracting table or, failing that, the contracting body must identify abnormally low offers or those that are subject to a presumption of abnormality, subject to the following criteria: Unless otherwise established in the specifications, when the only award criterion is the price, in the absence of forecast, the objective parameters established by regulation will be applied and which, in any case, will determine the abnormality threshold by reference to the set of valid offers that have been submitted.