Section 2: Abnormally low tenders

The purchaser shall require the tenderer to justify the price or costs proposed in his tender if it appears to be abnormally low in relation to the works, supplies or services, including for the part of the contract that he intends to subcontract.Justifications relating in particular to the following aspects may be taken into consideration:1° The method of manufacture of the products, the arrangements for the provision of the services,…

The purchaser shall reject a tender as abnormally low in the following cases :1° Where the information provided by the tenderer does not satisfactorily justify the low level of the price or costs proposed;2° Where it is established that the tender is abnormally low because it contravenes, in terms of environmental law, social law and labour law, the obligations imposed by French law, including the applicable collective agreement(s), by European…

A purchaser who finds that a tender is abnormally low as a result of the tenderer having received State aid may reject the tender on this ground alone only if the tenderer is unable to demonstrate, within a sufficient period set by the purchaser, that the aid in question met the conditions of compatibility with the internal market defined in Article 107 of the Treaty on the Functioning of the…