PART 2RULES APPLICABLE TO CONTRACTS
CHAPTER 3Conduct of the procedure
SECTION 3Choice of participants and award of contracts
SUB-SECTION 2Award of the Contract
Abnormally low tenders84.
(1)
Utilities shall require economic operators to explain the price or costs proposed in the tender where tenders appear to be abnormally low in relation to the works, supplies or services.
(2)
The explanations given in accordance with paragraph (1) may in particular relate to—
(a)
the economics of the manufacturing process, of the services provided or of the construction method;
(b)
the technical solutions chosen or any exceptionally favourable conditions available to the tenderer for the supply of the products or services or for the execution of the work;
(c)
the originality of the work, supplies or services proposed by the tenderer;
(d)
compliance with the applicable obligations referred to in regulation 76(6);
(e)
compliance with obligations referred to in regulation 87;
F1(f)
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F2(g)
whether the price or costs take into account the grant of subsidies.
(3)
The utility shall assess the information provided by consulting the tenderer.
(4)
The utility may only reject the tender where the evidence supplied does not satisfactorily account for the low level of price or costs proposed, taking into account the elements referred to in paragraph (2).
(5)
The utility shall reject the tender where it has established that the tender is abnormally low because it does not comply with applicable obligations referred to in regulation 76(6).
F3(6)
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F3(7)
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