Article 110. Abnormally low offers.

1. The contracting authorities evaluate the adequacy, seriousness, sustainability and feasibility of the best offer, which, based on specific elements, including the costs declared pursuant to article 108, paragraph 9, appears abnormally low. The notice or notice indicates the specific elements for the purposes of evaluation. 2. In the presence of an offer that appears abnormally low, the contracting authorities request explanations in writing from the economic operator on the price or costs proposed, assigning to this end a term not exceeding fifteen days. 3. The explanations referred to in paragraph 2 may concern the following elements: a) the economy of the manufacturing process of the products, the services provided or the construction method; b) the chosen technical solutions or the exceptionally favorable conditions available to the tenderer to supply the products, to provide the services or to carry out the works; c) the originality of the works, supplies or services proposed by the tenderer. 4. Justifications are not permitted: a) in relation to mandatory minimum wage treatments established by law or by sources authorized by law; b) in relation to safety charges referred to in current legislation. 5. The contracting authority excludes the the offer if the explanations provided do not adequately justify the level of prices or costs proposed, taking into account the elements referred to in paragraph 3, or if the offer is abnormally low because: a) does not comply with environmental obligations, social and labor standards established by European and national legislation, collective agreements or international labor law provisions indicated in Annex the obligations referred to in article 119; c) the corporate safety costs referred to in article 108, paragraph 9, are inconsistent with the extent and characteristics of the works, services and supplies; d) the cost of the staff is lower than the minimum wages indicated in the specific tables referred to in article 41, paragraph 13. 6. If it ascertains that an offer is abnormally low because the offerer has obtained state aid, the contracting authority may exclude it solely for this reason, only after having consulted the tenderer and if the latter is unable to demonstrate, within a sufficient period set by the contracting authority, that the aid was compatible with the internal market in accordance with Article 107 of the Treaty on the Functioning of the European Union. In case of exclusion, the contracting authority shall inform the European Commission. EFFECTIVE FROM: 1 July 2023