When the abnormally low offer is invited to the cinema
As a reminder, Article 60 of Decree No. 2016-360 of 25 March 2016 on public procurement recalls that regardless of the procurement procedure implemented, it is up to the buyer who finds that an offer seems abnormally low to ask the author for any clarifications and justifications that may explain the price offered. If the details and justifications provided are not sufficient to ensure that the proposed price is not regarded as manifestly undervalued and thus likely to compromise the proper performance of the contract, it is up to the contracting authority to reject the tender, unless to undermine the equality of candidates for the award of a public contract (EC May 29, 2013, Minister of the Interior, Req. No. 366606). On the basis of Article 60 of that decree, the buyer is under two obligations: firstly, to detect the abnormally low tender and to request justifications from the candidate (s) concerned; on the other hand, check the justifications and reject the offer, if any.