Abstract

The article explores a specific ground for annulling procurement proceedings: the situation where the price of the most advantageous offer, or the lowest-priced offer, exceeds the amount that the contracting authority intends to allocate for the procurement (unless the contracting authority can increase this amount to match the price of the most advantageous offer). The article outlines the methods for concluding procurement proceedings and explores the practical aspects of applying this ground for annulment. It also addresses the uncertainty regarding whether this ground for annulment should be viewed as a right or an obligation of the contracting authority. The article concludes by suggesting that this ground for annulment should be considered more as a right of the contracting authority.