Common use of Regularity of the tenders Clause in Contracts

Regularity of the tenders. Before starting the evaluation and comparison of the tenders, the contracting authority examines their regularity. The tenders must be drawn up in such a way that the contracting authority can make a selection without starting negotiations with the tenderer. For this reason, and in order to be able to assess the tenders fairly, it is essential that the tenders be completely in conformity with the provisions of the Tender Specifications, both formally and materially. The substantially irregular tenders are excluded. A substantial irregularity is such as to give a discriminatory advantage to the tenderer, to distort competition, to prevent the evaluation of the tenderer's offer or its comparison with the other tenders, or to render non-existent, incomplete or uncertain the commitment of the tenderer to perform the contract under the conditions laid down. The following irregularities are deemed substantial: 1° failure to comply with environmental, social or labour law, provided that such non- compliance is punishable by law; 2° failure to comply with the requirements of Articles 38, 42, 43, § 1, 44, 48, § 2, section 1, 54, § 2, 55, 83 and 92 of the Royal Decree of 18 April 2017 and Article 14 of the Law, insofar as they contain obligations towards tenderers; 3° failure to comply with the minimum requirements and the requirements that are indicated as substantial in the contract documents;

Regularity of the tenders. Before starting the evaluation and comparison of the tenders, the contracting authority examines their regularityregularity and verifies the prices. The tenders must be drawn up in such a way that the contracting authority can make a selection without starting negotiations with the tenderer. For this reason, and in order to be able to assess the tenders fairly, it is essential that the tenders be completely in conformity with the provisions of the Tender Specifications, both formally and materially. The substantially irregular tenders are excluded. A substantial irregularity is such as to give a discriminatory advantage to the tenderer, to distort competition, to prevent the evaluation of the tenderer's offer tender or its comparison with the other tenders, or to render non-existent, incomplete or uncertain the commitment of the tenderer to perform the contract under the conditions laid down. The following irregularities are deemed substantial: 1° failure to comply with environmental, social or labour law, provided that such non- compliance is punishable by law; 2° failure to comply with the requirements of Articles 38, 42, 43, § §1, 44, 48, § §2, section clause 1, 54, § §2, 55, 83 and 92 of the Royal Decree of 18 April 2017 and of Article 14 of the Law, insofar as they contain obligations towards vis-à-vis the tenderers; 3° failure to comply with the minimum requirements and the requirements that are indicated as substantial in the contract procurement documents;; The contracting authority will also declare void any tender that is affected by several non- substantial irregularities which, by reason of their accumulation or combination, are capable of having the same effect as described above (in accordance with Article 76 of the Royal Decree of 18 April 2017).

Regularity of the tenders. Before starting the evaluation and comparison of the tenders, the contracting authority examines their regularity. The tenders must be drawn up in such a way that the contracting authority can make a selection without starting negotiations with the tenderer. For this reason, and in order to be able to assess the tenders fairly, it is essential that the tenders be completely in conformity with the provisions of the Tender Specifications, both formally and materially. The substantially irregular tenders are excluded. A substantial irregularity is such as to give a discriminatory advantage to the tenderer, to distort competition, to prevent the evaluation of the tenderer's offer tender or its comparison with the other tenders, or to render non-existent, incomplete or uncertain the commitment of the tenderer to perform the procurement contract under the conditions laid down. The following irregularities are deemed substantial: 1° failure to comply with environmental, social or labour law, provided that such non- compliance is punishable by law; 2° failure to comply with the requirements of Articles 38, 42, 43, § §1, 44, 48, § §2, section clause 1, 54, § §2, 55, 83 and 92 of the Royal Decree of 18 April 2017 and of Article 14 of the Law, insofar as they contain obligations towards vis-à-vis the tenderers; 3° failure to comply with the minimum requirements and the requirements that are indicated as substantial in the contract procurement documents;; The contracting authority will also declare void any tender that is affected by several non- substantial irregularities which, by reason of their accumulation or combination, are capable of having the same effect as described above (in accordance with Article 76 of the Royal Decree of 18 April 2017).

Regularity of the tenders. Before starting the evaluation and comparison of the tenders, the contracting authority examines their regularity. The tenders must be drawn up in such a way that the contracting authority can make a selection without starting negotiations with the tenderer. For this reason, and in order to be able to assess the tenders fairly, it is essential that the tenders be completely in conformity with the provisions of the Tender Specifications, both formally and materially. The substantially irregular tenders are excluded. A substantial irregularity is such as to give a discriminatory advantage to the tenderer, to distort competition, to prevent the evaluation of the tenderer's offer tender or its comparison with the other tenders, or to render non-existent, incomplete or uncertain the commitment of the tenderer to perform the procurement contract under the conditions laid down. The following irregularities are deemed substantial: 1° failure to comply with environmental, social or labour law, provided that such non- compliance is punishable by law; 2° failure to comply with the requirements of Articles 38, 42, 43, § §1, 44, 48, § §2, section clause 1, 54, § §2, 55, 83 and 92 of the Royal Decree on Awarding and of 18 April 2017 and Article 14 of the Law14, insofar as they contain obligations towards vis-à-vis the tenderers; 3° failure to comply with the minimum requirements and the requirements that are indicated as substantial in the contract procurement documents;; The contracting authority will also declare void any tender that is affected by several non- substantial irregularities which, by reason of their accumulation or combination, are capable of having the same effect as described above (in accordance with Article 76 of the Royal Decree of 18 April 2017).