Public procurement: Strict (?) obligation to state reasons when investigating apparently abnormal prices
Public Procurement Law
In a judgment of 1 December 2021 (T-546/20, Sopra Steria Benelux and Unisys Belgium v European Commission), the General Court considered whether, and if so to what extent, the European contracting authorities must justify why a tender it has chosen does not appear abnormal to it, in particular where a tenderer not chosen expressly requests it. Although at first sight it does not concern national procurers, the question arises whether they too may need to pay particular attention to the justification for the examination of apparently abnormal prices.
23 March 2022
This article is available in Dutch and French.