Critérios de adjudicação de contratos públicos: o fim do critério do mais baixo preço | 2015

Author(s) Maria Cristina Afonso Pereira
Advisor(s) Isabel Celeste M. Fonseca
Year 2015

Synopsis The present thesis studies the public procurement criteria, namely the end of the price as the only factor in the award of public procurement. On the one hand, it’s intended that the public acquisition process should be as automated as possible by setting all the requirements and leaving open only the price, because it’s safer decision for the contracting authority. On the other hand, it’s impossible to market entirely – it is too ambitious. So, leaving room for the competitor to surprise the contracting authority with innovative proposals from the social point of view and environmental, among others, and yet most economically advantageous may be an objective at this stage. This is what it seems to be the intention of the new European directives on public procurement. The award criteria are studied from the point of view of European and Portuguese legislation. The evolution of these criteria wasn’t much over the years, however it’s expected that with the publication of the European directives 2014, they are subject to a major change in Portugal and constitute a powerful tool in the development of public strategies in social and environmental areas, among others. It makes an approach to the new dimensions of the most economically advantageous tender. The case law of the TJUE has been for several years to pronounce on the admissibility of introducing considerations of social and environmental character as valuation criteria, but with the Concordia Bus Judgment that reading of the award criteria became different. It became possible to accept factors which aren’t of a purely economic nature, subject to compliance with certain conditions and principles. The price as the only evaluation factor no longer makes sense, the definition of the criteria and the evaluation of proposals became technically more demanding for the contracting authority.

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