Overview
This regulation provides that contracts must be awarded based on the award criteria, after the contracting authority has verified that the tender complies with requirements, conditions, and criteria set out in the contract notice and procurement documents.
Contracting authorities may choose not to award a contract to the most economically advantageous tender if it does not comply with environmental, social, and labour laws established by national law, collective agreements, or international agreements.
In open procedures, contracting authorities may examine tenders before verifying exclusion grounds and selection criteria, but must ensure that such verification is carried out in an impartial and transparent manner to prevent contracts from being awarded to ineligible tenderers. If information or documentation is incomplete or erroneous, contracting authorities may request clarification from suppliers provided that this is conducted in accordance with the principles of equal treatment and transparency.