A new approach to the quality price concept in the Colombian public contrating

Abstract

This article aims to make an approach to a new concept on the quality/price relationship in our public procurement system, using as reference the high courts of the European Union, Colombian legislation and the doctrine that allows us to put a perspective from the procurement public, integrating the most important principles of our public and contractual administration and why they necessarily affect the provision of public goods and services.

 Colombian law 1150 of 2007, in its fifth article, determined that in the selection process in which technical and economic factors are taken into account, the offer will be more advantageous if it complies with these three concepts: a) the elements of quality- price supported by scores or formulas written in the contract conditions chapter; or b) the quality-price weighting elements that represent the best cost-benefit ratio for the entity.

 This previous concept implies a threat to the link to the process of interpretation of the principle of good administration because the qualitative aspects that make up the contract must necessarily be considered from the point of view of performance and value.

 This way of thinking about public procurement is being contrasted with the European Union model, in which the principle of efficiency is applied, seeking better quality without seeking only the lowest price, putting as a priority the achievement of the needs of the public. contributors to public contracts and public policies, establishing clear and relatively high quality standards that contractors must achieve to aspire to the contract