A guide to the calculation of anomaly thresholds for the elimination of anomalous offers

17/10/2016 – Since the launch of the  new Procurement Code the awards with the maximum discount have been creating doubts for the Contracting Authorities.
We recall that the maximum discount can only be used for works worth up to EUR 1 million and for standardized or repetitive services and supplies. In order to protect competition and transparency, the Contracting Authorities must exclude offers that are considered anomalous because they include excessive discounts.

But how do you establish whether the offers are too low? We need to identify the anomaly threshold, which can be calculated using five alternative methods. And it is at this point that the Contracting Authorities find themselves in difficulty.

In a press release, the National Anti-Corruption Authority (ANAC) argues that this is due to the lack of links between the old and the new regulations, with situations in which the Contracting Authorities, by standard administrative practice, tend to apply rules that have actually been repealed.
To put things in order, ANAC has offered some practical guidelines  on how to calculate the anomaly thresholds and the exclusion of offers not considered eligible.
Firstly, ANAC recalled that, before performing the evaluations, one of the five calculation criteria in Article 97, paragraph 2 of the Procurement Code must be selected.
However, we must keep in mind, warns ANAC, that some calculation methods require a minimum number of offers  to avoid ending up with false results.
The same condition applies for the use of the automatic exclusion tool. According to the ANAC this should be used only when there are over ten offers.