Can “0 days” be used as a criterion in public contracts?

Question from Xabi, Can “0 days” be used as a criterion in public contracts?

Answer from AI:

In the context of public procurement in Spain, when the execution period of a supply contract is a criterion for awarding the contract, it is crucial to understand how this criterion is applied and whether it is permissible to propose “0 days” to maximize points.

Understanding Public Procurement Criteria

Public procurement in Spain is governed by the Ley de Contratos del Sector Público (LCSP), which sets out the rules and principles for awarding public contracts. The law aims to ensure transparency, competition, and equal treatment in the procurement process.

Criteria for Awarding Contracts

When awarding contracts, contracting authorities may use various criteria, including:

• Price
• Quality
• Technical merit
• Environmental characteristics
• Execution period

The execution period, or the time within which the supplier must deliver the goods or services, can be a significant factor in the decision-making process.

Setting the Execution Period

When the execution period is a criterion for awarding a contract, it is typically expressed in days. The idea is to encourage suppliers to offer shorter delivery times, which can be advantageous for the contracting authority.

Is “0 Days” a Valid Offer?

Proposing “0 days” as the execution period to gain maximum points can be problematic for several reasons:

1. Feasibility: Offering “0 days” may not be feasible or realistic, as it implies immediate delivery, which is often impossible.
2. Compliance: Such an offer might not comply with the principles of good faith and fair competition, as it could be seen as an attempt to manipulate the scoring system.
3. Contracting Authority’s Discretion: The contracting authority has the discretion to determine whether an offer is realistic and compliant with the tender requirements.

Legal Considerations and Recommendations

If a supplier proposes an execution period that is not feasible, the contracting authority may:

• Reject the offer as non-compliant.
• Request clarification or additional information from the supplier.
• Consider the offer as an attempt to distort the competition.

Consulting Legal Professionals

Given the complexities involved in public procurement, it is advisable for suppliers to consult with a legal professional to ensure compliance with the LCSP and other relevant regulations. Legal advice can help in:

• Understanding the specific requirements of a tender.
• Ensuring that offers are realistic and compliant.
• Addressing any potential legal issues that may arise.

For more detailed information, you can refer to the [Ley de Contratos del Sector Público](https://www.boe.es/buscar/act.php?id=BOE-A-2017-12902) and other related resources.

In summary, while aiming for the maximum points in a public procurement process is understandable, it is essential to ensure that all offers are realistic and comply with the legal framework.