Sample Evaluation in Electronic Tenders May Create Serious Difficulties for Supplier Firms

27 February 2026

In electronic tenders, sample evaluation is no longer merely an examination of technical conformity; procedural errors may give rise to serious administrative sanctions. Technical non-conformity of the sample leads to elimination of the tender, while failure to submit a sample, submission at the wrong stage, inconsistency with the EKAP declaration, or non-compliance with the required form of submission may result in forfeiture of the bid bond and even in an assessment of prohibited conduct. The Public Procurement Board adopts a strict approach in its regulatory decisions, whereas the case-law of the Council of State is more balanced, drawing on the principles of proportionality and incomplete examination.