Addleshaw Goddard

UK 200 2014 position: 22

Restricted procurement procedure — missing documents and incomplete information

What can an authority do if a bidder does not submit all required documents by the deadline? The Danish Ministry of Science, Innovation and Higher Education conducted a restricted procurement procedure for the operation of seven guidance centres. The procedure included a preliminary screening (or pre-qualification) stage. Two bidders failed to include copies of their balance sheets in their applications but provided copies following a request from the ministry (after the deadline for applications had expired). When those two bidders were subsequently awarded contracts, Manova A/S argued that the ministry had acted in breach of the principle of equal treatment.

The Court of Justice confirmed that under the restricted procedure, the principles of equal treatment and transparency preclude any negotiation between an authority and a bidder so a bid cannot be amended after it has been submitted, even if it is unclear or imprecise. However, authorities can allow amplification or correction of obvious material errors.

The decision also sets out the rules for how authorities may request clarification…

If you are registered and logged in to the site, click on the link below to read the rest of the Addleshaw Goddard briefing. If not, please register or sign in with your details below.

Sign in or Register to continue reading this article

Sign in

Register

It's quick, easy and free!

It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.

Register now

Why register to The Lawyer

 

Industry insight

In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.

 

Market intelligence

Identify the major players and business opportunities within a particular region through our series of free, special reports.

 

Email newsletters

Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.

More relevant to you

To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.

Briefings from Addleshaw Goddard

View more briefings from Addleshaw Goddard

Analysis from The Lawyer

View more analysis from The Lawyer

Overview

Milton Gate
60 Chiswell Street
London
EC1Y 4AG
UK
http://www.addleshawgoddard.com

Turnover (£m): 171.35
No. of lawyers: 598

Jobs