Abstract

An abnormally low offer price is a threat to the contracting authority at the contract execution stage. The ability to assess when a bid price may be suspiciously low is essential to protect the contracting authority from the insolvency of the contractor and the early termination of the contract. This means that reviewing the current case law on these issues can be helpful in finding the correct method of preparing a request for explanations, primarily through a targeted and specific indication of the elements of the subject matter of the contract, or scopes of calculation, which the contractor should explain so that the contracting authority can properly assess the reality of the price offered. A contractor familiar with the views expressed in case law is also better able to prepare specific, individualised, and substantiated explanations. Finally, the case law suggests how to effectively put forward grounds for appeal so as not to lose the chance to be heard on the charge of failing to reject an offer with an abnormally low price.