The European Court of Justice recently clarified in an Italian case how a contracting authority should proceed when tenderers (contract bidding and award procedures) lack information required under national procurement law. The CJEU ruling concerned the interaction between what is stipulated in the procurement documentation and what is required in national procurement law. In this case of an excluded bidder, the procurement documentation did not contain labour costs in the tender documents to allow the bidders to fully develop their pricing/bids. Instead, bidders were asked to supplement the tenders with the labour costs before the contract award. It brought up an interesting case of what is expected of a bidder and concludes that “it is not enough to follow what is explicitly stated in the procurement documentation when submitting a tender. In order to avoid exclusion, the bidder must also ensure that it is aware of the national procurement legislation, and that the bid complies with all such requirements as well.” Read the full and very informative story here on JDSUPRA.

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