What should applicants do where the Public Procurement Authority has not examined an abnormally low tender application sufficiently?

Court:

Council of State

Case no. (E.):

2025/2546

Decision no. (K.):

2025/3895

Decision date:

12 March 2026

The scope of the examination carried out by the Public Procurement Authority in applications concerning abnormally low tender justifications has been assessed by the Council of State in an important judgment. In the case in question the applicant argued that the analyses in the successful tenderer's abnormally low tender justification were contrary to the legislation. The Public Procurement Board, however, rejected the appeal on the ground that the analyses were appropriate.