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?

07 October 2024

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.