The contracting authorities' requests for clarification: the pitfalls to avoid in order to avoid having your tender declared irregular!
Rule n ° 1:
Candidates must remain very vigilant in the light of requests for clarification from the contracting authorities. Do not take advantage of the opportunity to modify your offer, even at the margin otherwise the offer may be rejected as irregular.
Rule n ° 2:
In open tendering, there can be no negotiation with the candidates. It is only possible to ask candidates to specify or supplement the content of their offer. The provisions of Article 59 of the Public Contracts Code preclude any change in the amount of the offer at the initiative of the candidate or the contracting authority, except in the exceptional case where the aim is to rectify a purely material error. , of such a nature that no one could rely on it in good faith in the event that the candidate sees his successful offer. In other words, the offer is intangible and can not be modified except in the case of requests for clarification from the contracting authority, in particular to rectify a "gross" material error.
Rule n ° 3:
Example: if a candidate has proposed daily costs in place of hourly costs, the candidate may rectify his tender at the request of the contracting authority and indicate the decomposition of his daily cost but he must not take the opportunity to change upwards where downward hourly costs (which would no longer be consistent with the daily costs indicated) the risk of having his offer declared irregular.
: the judgment of the Council of State is criticizable because it does not sanction by the attitude of the contracting authority which can set a real trap to a candidate. In that case, the contracting authority acknowledged that the initial tender was regular and that it became irregular only following its request for clarification. In this case, it would make more sense not to take into account the corrected offer and to keep the initial offer considered as perfectly regular!