Defence and security procurement – Authorities to check abnormally low bids

The Court of Justice of the European Union has interpreted the provisions of Directive 2009/81/EC and established that, if there is a suspicion that a tender is abnormally low, contracting authorities are required to verify its abnormally low value.

The analysis must take into account all relevant elements of the call for tenders and the tender specifications.

The Court of Justice of the European Union has interpreted the provisions of Directive 2009/81/EC on the coordination of procedures for the award of certain works agreements, supply agreements and service agreements by contracting authorities or entities in the fields of defence and security.

It established that if there is a suspicion that a tender is abnormally low, contracting authorities are required to verify this abnormally low value. All relevant elements of the call for tenders and the specifications must be taken into account in the analysis.

Furthermore, according to the interpretation of the Court of Justice of the European Union, where a contracting authority has failed to initiate a procedure to verify whether a tender is abnormally low, on the ground that it considered that none of the tenders submitted to it was abnormally low, judicial review may be exercised in the context of an appeal against the decision to award the agreement in question.

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