Article 101Abnormally low tenders
1.Public buyers shall require tenderers to explain the price or price elements in the tender, including in relation to the quality of the tender, where these appear to be abnormally below any of the following:
(a)the price or price elements of the other tender or tenders received in the procurement procedure;
(b)the market price such as by the public buyer's estimation of contract value, in particular where it is based on market consultation, and including all costs such as the cost of labour and working conditions, materials and logistics and for complying with other contractual requirements as well as other life-cycle costing;
(c)contract values in past procurement procedures with mostly identical subject-matter and conditions, in particular in past estimations, tenders or prices paid by the same public buyer or other public buyers.
The public buyer may limit the requirement to explain the prices or price elements to the tenderer with the best placed tender in accordance with Article 98, or, where appropriate, to several of the tenderers with the best ranked tenders.
2.The explanations of the tenderer shall establish the economic viability of the price or price elements of the tender as not abnormally low over the duration of the contract. They shall account for the low level of price, including price elements and the relation to the quality of the tender and compliance with all obligations, and may include, in particular, the following:
(a)the economics of the manufacturing process, of the services provided or of the construction method or the technical solutions chosen;
(b)exceptionally favourable conditions, including state aid where such state aid is compatible with the internal market;
(c)whether the tenderer complies with all regulatory obligations and strategic requirements pursuant to Title II of this Part applicable to the contract.
4.Where the explanations referred to in paragraph 2 are not considered satisfactory, including after having asked for clarifications or additional information, the public buyer shall reject the tender from the procurement procedure.