Frequently Asked Questions
Search a question and read the short, guiding answer with its legal basis.
- FAQ4734Tender Process Disputes31 August 2026
How is an electronic complaint lodged through EKAP?
Complaints and appeals are lodged through EKAP with an electronic signature in accordance with the electronic application rules in force. The authority to apply, the content of the application, the annexes and the time of completion in the system must be checked.
- FAQ4734Tender Process Disputes31 August 2026
How is the final day for a complaint about the tender documents calculated?
In complaints about the tender documents, both the period of five or ten days running from the date of becoming aware and the limit of three working days before the date of the tender or the final date for applications are taken into account together. Because even an error of one day may cause a loss of rights, dates must be calculated carefully.
- FAQ4734Tender Process Disputes31 August 2026
What is the time limit for a complaint to the contracting authority?
As a general rule the time limit is five days in tenders under Articles 21(b) and 21(c) and ten days in other cases, running from the day following the date on which the unlawful act was noticed or ought to have been noticed. Complaints about the tender documents must in addition be made three working days before the date of the tender.
- FAQ4734Tender Process Disputes31 August 2026
In a supply tender, is a tenderer offering a very low price always examined?
The abnormally low tender procedure in supply procurement may vary according to the tender documents and the relevant legislation. The contracting authority must not later apply a method not provided for in the documents; the legal consequence of a low price is determined on the facts of the particular tender.
- FAQ4734Tender Process Disputes31 August 2026
What should a firm do whose abnormally low tender justification has been rejected?
The contracting authority's grounds of rejection, the request for justification and the justification submitted should first be examined side by side. If unlawfulness appears, the periods for a complaint and an appeal must be calculated immediately from the date of notification and the necessary applications made.
- FAQ4734Tender Process Disputes31 August 2026
Why do the dates of documents in an abnormally low tender justification matter?
Price quotations, records, tariffs and other supporting documents must comply with the date and period required by the legislation. A document from an invalid period, or created afterwards, may lead to rejection of the justification.
- FAQ4734Tender Process Disputes31 August 2026
May an arithmetical error in an abnormally low tender justification be corrected?
What matters is whether the error is a simple calculation error or a deficiency changing the substance of the bid or the justification. The tender commission may not allow the justification to be completed in a way that reconstructs it or creates new documents.
- FAQ4734Tender Process Disputes31 August 2026
Is it a problem to give different prices for the same work item in different justifications?
Giving a different price for the same input on different dates or in different examinations is not in itself a ground of rejection. However, the basis for the difference, its consistency and whether it can be explained by documents are examined.
- FAQ4734Tender Process Disputes31 August 2026
May a bid be rejected because of a cost for which no justification was requested?
Making a component of a bid on which the tenderer was given no opportunity to comment a direct ground of rejection gives rise to a legal problem. The request for justification, the reply and the grounds of rejection must be examined together in order to identify the remedy.
- FAQ4734Tender Process Disputes31 August 2026
May the unit prices published by public bodies be used in a justification?
Official unit prices, market rates or tariffs permitted by the legislation may be used in a justification in appropriate circumstances. The year and source of the price used and its correspondence with the work item explained must be clearly shown.
- FAQ4734Tender Process Disputes31 August 2026
How are analysis inputs justified in construction works?
In construction works, the work items and analysis inputs for which justification is required are prepared according to the rules on analyses and proof in the legislation. There must be consistency between quantities, market rates and documents.
- FAQ4734Tender Process Disputes31 August 2026
How is an abnormally low tender justification prepared in catering procurement?
In catering services including materials, the menu, the inputs, labour and the special method of justification in the legislation are taken into account together. There must be consistency between the contracting authority's request and the meals and cost elements explained.
- FAQ4734Tender Process Disputes31 August 2026
How is labour cost calculated in an abnormally low tender justification?
In labour costs, the wage, working time, social costs and the elements that the legislation treats as mandatory are taken into account. Consistency with the tender documents and, where applicable, with the EKAP labour cost tools must be checked in the calculation.
- FAQ4734Tender Process Disputes31 August 2026
How is a price quotation obtained from a third party used in an abnormally low tender justification?
The basis and form of the price quotation, the procedures carried out by the member of the profession and the other conditions required by the legislation must all be complete. It is not sufficient for the document merely to state a price; its compliance with the rules of proof is also checked.
- FAQ4734Tender Process Disputes31 August 2026
How is the period given for an abnormally low tender justification calculated?
The period for the justification is calculated having regard to the date of notification and the minimum period provided for in the legislation. The final day and the EKAP submission time should be checked in advance and the justification should not be left to the last minute.
- FAQ4734Tender Process Disputes31 August 2026
Which cost components may the contracting authority require in an abnormally low tender justification?
The contracting authority must clearly state the significant components of the bid, within the limits permitted by the legislation. Making a cost for which no explanation was requested the principal ground for rejection later may give rise to a dispute.
- FAQ4734Tender Process Disputes31 August 2026
What must a request for justification of an abnormally low tender contain?
The request must be clear enough for the tenderer to understand which significant components of its bid it must explain. A vague or very general letter may prevent the justification from being prepared and the subsequent assessment from being sound.
- FAQ4734Tender Process Disputes31 August 2026
By what method is an abnormally low tender identified?
The threshold value and the method laid down in the legislation for the type of tender are used to identify an abnormally low tender. The contracting authority must determine the tenderers to be examined and the calculation in accordance with the tender documents and the rules in force. It should be noted at once that the legislation lays down no method for calculating the threshold value in…
- FAQ4734Debarment and Defence31 August 2026
At which stage do tax and social security debt and debarment checks matter?
At the tender and invitation to contract stages, the checks required by the legislation are carried out through EKAP and the related systems. The date as at which the results are required and the nature of the debt must be checked against the specific provision.
- FAQ4734Tender Process Disputes31 August 2026
How is the economically most advantageous tender determined?
The tender documents may use price alone or price together with non-price criteria. The evaluation must be carried out according to the method and scores announced in advance, and no new criterion may be created afterwards.