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A Point for Firms Submitting Very Low Tenders in Goods Procurements: May the Tender Be Awarded Without an Explanation Being Requested?

22 June 2026

Decision E:2026/193, K:2026/679 of the 13th Chamber of the Council of State establishes that, where in a goods procurement tender the tender price is unusually low in relation to the estimated cost and the other valid tenders, the contracting authority may not be able to conclude the tender without requesting an abnormally low tender explanation. The authority's discretion is subject to judicial review.

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