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Alert!
Clarification on clarifications: Recent judgements on rejecting abnormally low and non-compliant tenders

Date:
05 Apr 2012
 

On 29 March 2012, the Court of Justice of the European Union (CJEU) ruled on a preliminary reference from a Slovak court on the extent of obligations on authorities to seek clarification from tenderers (a) in relation to abnormally low tenders, and (b) in relation to non-compliant tenders. The High Court in Northern Ireland considered a similar question in relation to exercising discretion when seeking clarifications in a decision issued on 2 April. These judgments provide some useful guidance on clarification requests, although the CJEU's ruling on abnormally low tenders has the potential to confuse the otherwise established position in the UK following the position taken by the High Court in the Varney case.

To read more about the cases, tenders and judgments, please click on the pdf below.

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