Is It Possible to Exclude a Firm from the Evaluation in an Abnormally Low Tender Inquiry on Account of a Cost for Which No Explanation Was Requested?

22 June 2026

Decision E:2026/337, K:2026/1020 of the 13th Chamber of the Council of State establishes that, in an abnormally low tender explanation, only those cost items identified by the contracting authority as significant tender components in its request for explanation must be explained. Costs contained in the technical specifications but not expressly asked about do not in every case constitute a ground for rejecting the tender.