Tender Process Disputes
What Can a Tenderer Do Where, as a Result of a Fundamental Mistake, It Has Submitted an Abnormally Low Tender in a Goods Procurement Tender and the Tender Has Been Awarded to It?
Published:
In service and works tenders, an abnormally low tender inquiry is carried out in respect of tenderers offering a price below the threshold value (well below market prices), and the tender is not awarded to a tenderer that is unable to provide an explanation. In goods procurement tenders, however, no procedure has been laid down for the calculation of a threshold value. For that reason, the tender may be awarded to a tenderer that has offered a very low price as a result of a fundamental mistake. Where the tenderer to whom the tender is awarded does not sign the contract, debarment proceedings are taken and its security is forfeited.