This bachelor’s thesis examines the legal concept of abnormally low tenders within public procurement procedures. Contracting authorities frequently encounter tenders whose price significantly deviates from the estimated value of the public contract or from the prices of other submitted tenders. The main issue arises from the lack of clearly defined criteria for identifying such tenders and from inconsistent practices among contracting authorities in their assessment and subsequent treatment.
The aim of the research is to analyse the treatment of abnormally low tenders in public procurement procedures, as well as their regulation in legislation and the case law of the Supreme Court of the Republic of Slovenia and the Court of Justice of the European Union, with particular emphasis on understanding and defining the concept. The objectives focus on analysing the obligations of contracting authorities and tenderers when assessing abnormally low tenders and identifying difficulties in practice. The research is based on the description and analysis of legal sources, selected decisions of the National Review Commission, the Court of Justice of the European Union, and relevant academic literature. A comparative legal analysis of cases from the practice of the National Review Commission was used to examine the hypotheses and research questions.
The thesis addresses the challenges of assessing abnormally low tenders and the risks they pose, particularly regarding the quality of contract performance and the efficient use of public funds. Based on the findings, proposals are made to improve their assessment and promote a more consistent application of the relevant rules.
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