+352 27 75 72 00 Mail us
1, Place du Théâtre - L2613 Luxembourg

How can the legality of bids submitted for a public contract in Luxembourg be assessed?

Comment juger de la régularité d'une offre soumise en marché public

It is essential to ensure that bids submitted during a public procurement procedure in Luxembourg are compliant and in order.

For the company submitting a bid, an irregularity may result in its exclusion or the rejection of its bid, even though it could have won the contract.

For the public purchaser initiating a public contract, salvaging a bid with an attractive price may prove more attractive than eliminating it and having to choose a less attractive but regular bid.

When faced with these situations, it is important to be aware of the irregularities that are frequently encountered (for example, a problem with the electronic signature) in order to avoid committing them, but also to identify those that can be rectified.

On 30 November 2023, Maître Thibault CHEVRIER, a Luxembourg lawyer and partner at CHEVRIER & FAVARI, will be speaking at a one-day conference on the legal and practical aspects of public procurement in Luxembourg, organised by the Abilways training institute, on the subject of “How to assess the legality of tenders“.

The day’s programme will address the following questions:

  • What does regularity mean? How can it be verified?
  • Is an incomplete bid necessarily irregular?
  • What is the difference between an irregular bid and an unacceptable bid?
  • What are the consequences of an irregular tender?
  • What rectifications are possible?
  • How should tenders with abnormally low prices be treated?

The answers to these questions will be illustrated using practical examples.

Recent decisions by the administrative courts will also provide a better understanding of the legal mechanisms involved in assessing the legality of bids submitted in a public procurement procedure in Luxembourg.

For more information on the full programme and to attend (face-to-face or distance learning), please visit the Abilways training institute website.

If you have any questions about assessing the legality of tenders, or any questions about public procurement law in Luxembourg, please do not hesitate to contact our law firm.