Edited by Grith S. Ølykke and Albert Sanchez-Graells
Chapter 10: Requesting additional information – increase of flexibility and competition?
Once a tender has been submitted, the possibility for tenderers to add additional information or even correct mistakes in the tender is limited because of the principle of equal treatment. A new provision in the 2014 Directive concerns the possibility for contracting authorities to ask tenderers to supplement a tender, i.e. to submit additional information. The provision must be seen in light of recent case law from the CJEU (e.g. Manova and Cartiera dell’Adda). The provision was inserted by the Council during the Danish Presidency in the spring of 2012. This chapter explores the background for inserting the provision in the 2014 Directive, and shows that it is not surprising that the proposal for such a provision came during the Danish Presidency, as the question of asking for additional information in Denmark had developed in a strict way at the Danish Complaints Board for Public Procurement making additional information almost impossible for tenderers. The chapter furthermore analyses to what extent a contracting authority can ask a tenderer to supplement a tender based on the new provision and the general principles of equal treatment and transparency, as interpreted by the CJEU, and explores whether the provision increases both flexibility and competition for the contract.
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