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CONTRACTING: Is it a bird, is it a plane, no...

14 July 2017  

Richard Hough outlines recent judicial guidance on the clarification of tenders

Clarification of tender submissions can be a minefield for contracting authorities. In addition, the growing trend for tender submissions being submitted electronically through a portal can lead to additional problems, such as tender documents not uploading correctly or incorrect documents being uploaded. Even where the tender submission is complete, answers may assume a level of knowledge on the part of the reader that the contracting authority may not possess, eg because the answer is very technical.

Additional Info

  • Case(s) Referenced:

    Archus sp z o o & anor v Polskie Górnictwo Naftowe i Gazownictwo SA [2017] EUECJ C-131/16

    Ministeriet for Forskning, Innovation og Videregående Uddannelser v Manova A/S [2013] EUECJ C-336/12