The evaluation of tenders and requests to participate
1. In the course of evaluating tenders and requests to participate, the contracting authority shall examine whether the tenders and requests to participate are in compliance with the conditions set in the procurement documents and by law.
2. The contracting authority or contracting entity shall determine which tenders or requests to participate are invalid and whether there are any economic operators to be disqualified from the procedure. If the contracting authority did not requested the supply of missing information from the economic operator, the tender or request to participate concerned cannot be considered invalid for a reason that could have been remedied by a supply of missing information.
3. The winning tenderer shall be a tenderer who fulfils the following conditions:
- whose tender is in compliance with the conditions set in the procurement documents and by law,
- who meets the suitability criteria prescribed in the procedure and
- who is not subject to any ground for exclusion.
4. Article 73(1) and (4)-(6) as well as Article 74 shall apply to the invalidity of the requests to participate or tenders, furthermore, the grounds for invalidity set out in Article 73(2) and (3) may also be applied by the contracting authority or contracting entity.
5. The procedure shall be deemed to be invalid in the case pursuant to Article 75(1) as well as in the cases specified by the contracting authority or contracting entity in the notice launching the procedure. Where the contracting authority or contracting entity specifies situations in which the procedure may be declared invalid, it shall also lay down the objective criteria on the basis of which the decision on invalidity will be taken.
6. In addition to the provisions laid down in paragraph 5, the procedure shall be declared invalid, if, following the evaluation, it can be established that, on the basis of the tender considered to be the most favourable tender according to the award criteria, the value of the concession is higher than the estimated value and the publication at EU level specified in a separate act of legislation should have been made instead of the publication at national level, had the former value been considered to be the estimated value at the time of the starting of the procedure.
7. In addition to the provisions laid down in paragraph 5, the procedure shall be declared invalid, if it can be established that, considering the conditions of the most favourable tender according to the award criteria, the conditions set out in Article 8(7) or the condition set out in Article 133(2) would not be met.