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 seek from its author any clarifications and justifications of a nature to explain the proposed price. If the clarifications and justifications provided are not sufficient so that the price proposed is not regarded as obviously undervalued and of a nature, thus, to compromise the successful performance of the contract, it is up to the contracting authority to reject the tender, except to undermine the equality between the 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.