Rejection of Abnormally Low and Non-Compliant Tenders in EU Public Procurement: A Comparative View on Selected Jurisdictions

European Procurement Law Series, Vol 6, Forthcoming

25 Pages Posted: 12 Apr 2013

Date Written: April 11, 2013

Abstract

This paper attempts a concise comparison of the rules applicable to the rejection of abnormally low and non-compliant tenders in a number of EU jurisdictions (namely, Denmark, France, Germany, Italy, Poland, Romania, Spain and the United Kingdom). In order to set the common ground for the analysis of such domestic rules, which are solely applicable to non-negotiated procedures, the paper first offers a description of the rules in the EU public procurement Directives and the case law of the European Courts (ie GC and CJEU), and then proceeds to compare them against this benchmark and amongst themselves. Where possible, the paper highlights innovative or different solutions, as well as potential deviations from EU law.

Keywords: public procurement, award criteria, abnormally low tender, non-compliant tender, rejection, discretion, good administration, proportionality, non discrimination, competition, EU law, comparative law

JEL Classification: H25, H57, K21, K23, K40

Suggested Citation

Sanchez-Graells, Albert, Rejection of Abnormally Low and Non-Compliant Tenders in EU Public Procurement: A Comparative View on Selected Jurisdictions (April 11, 2013). European Procurement Law Series, Vol 6, Forthcoming. Available at SSRN: https://ssrn.com/abstract=2248590

Albert Sanchez-Graells (Contact Author)

University of Bristol - School of Law ( email )

Wills Memorial Building
Queen's Road Clifton
Bristol, BS8 1RJ
United Kingdom

HOME PAGE: http://www.howtocrackanut.com/

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