FAQ - If a shortlisted or successful bidder is found to have misrepresented itself, what happens?
This will depend on what the issue is. Further information is provided below:
- If it emerges that a bidder is actually in one of the situations which is a mandatory ground for exclusion, or if it does not meet one of the minimum selection criteria, then that bidder must be excluded from the competition. Depending on the nature and stage of the competition, that may mean either that it proceeds without that bidder, or that competition should be re-evaluated without that bidder’s tender.
- If it emerges that a business is in one of the situations which is a discretionary ground for exclusion, then the decision about whether or not to exclude that bidder will be up to the public body, which will have to take a decision which is in line with the EU Treaty Principles of transparency, proportionality, equality of treatment and non-discrimination.
- If the issue is more administrative in nature e.g. mistakes in providing the documentation, then the authority will have the option of inviting the bidder to supplement or clarify the documentation provided.