Abnormally Low Tenders
- With an Emphasis on Public Tenderersaf Grith SkovgaardmØlykke
Ever since the very first Community public procurement Directive, all the public procurement Directives have contained provisions on abnormally low tenders. The rules on public procurement primarily concern procedures, and only one provision affects the substantive assessment of the price, by giving contracting authorities a right to reject tenders verified to be abnormally low. Hereby, the provision on abnormally low tenders indirectly regulates the tenderers' price setting. The provision seemingly implies that there is no obligation to reject abnormally low tenders. This is the point of departure taken in the book. When contracting authorities are given the possibility of rejecting tenders that are verified to be abnormally low, thoughts are directed towards the difficult task of distinguishing between genuine price competition and abnormally low tenders. In other words, by making it possible to reject abnormally low tenders, it is implicitly acknowledged that not all forms of (price) competition are desirable.The book is a slightly amended version of the author's ph.d. thesis at Copenhagen School of Business.Indholdsoversigt: Preface List of abbreviations Chapter 1. Introduction and methodologyPART I. FOUNDATIONSChapter 2. Competition as legal context and as an objective of the public procurement DirectivesChapter 3. Public tenderersChapter 4. Practical relevance of the provision on abnormally low tendersPART II. ABNORMALLY LOW TENDERS DE LEGE LATA Chapter 5. Development of the contents of the central provision on abnormally low tenders in the various public procurement DirectivesChapter 6. Case law concerning the provision on abnormally low tendersChapter 7. Literature review and a case for critiquePART III. PROPOSALS Chapter 8. The coverage of cost approach: how low is 'abnormally low'?Chapter 9. Comparative analysis: coverage of cost versus risk of non-performanceChapter 10. Public tenderers as Market Economy TenderersPART IV. CONCLUSIONS Chapter 11. ConclusionsPostscript - List of documents - Regulations - Directives - COM finals - Additional Commission documents - List of Judgments and Decisions - Judgments of the European Court of Justice - Judgments of the Court in First Instance - Commission Decisions - National judgments and decisions - List of literature - Abstract - Index
- 3. Maj 2010
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