Decision (EU) 2016/245 of the European Central BankShow full title

Article 33 Abnormally low tenders

1. The ECB shall request in writing explanations of prices or costs proposed in tenders that appear to be abnormally low in relation to the products, works or services tendered. The request may relate in particular to:

(a) the economics of the manufacturing process, of the provision of services or of the construction method;

(b) the technical solutions chosen or any exceptionally favourable conditions available to the tenderer;

(c) the originality of the deliverables proposed in the tender;

(d) compliance with the provisions of environmental, social security and labour law in force at the place where the deliverables are to be executed, provided or supplied; and

(e) the tenderer's possibility to obtain State aid.

2. Following a review of the information submitted by the tenderer, the ECB may reject abnormally low tenders, in particular in the following cases:

• where the information provided by the tenderer does not sufficiently account for the low level of the price or costs,

• where the tender and the additional information provided do not provide sufficient assurance of proper contract performance, or

• where the tenderer has obtained State aid, unless the tenderer proves, within a reasonable time limit fixed by the ECB, that the aid was granted legally in accordance with the procedures and decisions specified in the Union rules on State aid.

3. The ECB shall reject tenders that are abnormally low due to breaches of any of the provisions referred to in paragraph 1(d).