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Vol 23 No 5 May/June 2018

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Cover of Drafting Commercial Agreements

Drafting Commercial Agreements

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Abnormally Low Tenders: With an Emphasis on Public Tenderers

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ISBN13: 9788757423594
Published: May 2010
Publisher: DJOF Publishing
Country of Publication: Denmark
Format: Paperback
Price: £41.00

Despatched in 2 to 4 days.

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 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.

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EU Law
List of abbreviations Chapter 1. Introduction and methodology PART I. FOUNDATIONS Chapter 2. Competition as legal context and as an objective of the public procurement Directives Chapter 3. Public tenderers Chapter 4. Practical relevance of the provision on abnormally low tenders PART 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 Directives Chapter 6. Case law concerning the provision on abnormally low tenders Chapter 7. Literature review and a case for critique PART 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-performance Chapter 10. Public tenderers as Market Economy Tenderers PART IV. CONCLUSIONS Chapter 11. Conclusions Postscript - 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