(1) A tenders board may request the Project Owner or the Delegated Project Owner to disqualify bids deemed abnormally low, provided that the bidder concerned had been requested to produce written justification and such justification having been deemed inadmissible.
(2) Requests for justification, as well as answers provided shall, among others, relate to:
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(a) the price breakdown and content, consistency between prices and the construction methods and/or proposed schedule;
(b) product manufacturing methods, service delivery conditions and construction processes;
(c) the bidder’s comparative advantages or exceptionally favourable terms for the
execution of works, supply of goods or delivery of services;
(d) the originality of the project or works;
(e) measures relating to working conditions.
(3) Where the justifications provided by the bidder are deemed inadmissible, the public contracts regulatory body shall examine them and submit its findings to the Project Owner or the Delegated Project Owner within 7 (seven) working days, with effect from the date of submission of the file by the Project Owner or the Delegated Project Owner.
(4) The Project Owner or the Delegated Project Owner shall consider the opinion of the public contracts regulatory body in taking a decision.
SUB-SECTION VIII
NATIONAL PREFERENCE
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In force from 20-06-2018
Source page 42
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Section 105 of the Public Contracts Code/akn/cm/act/decret/2018-06-20/2018-366
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