tender clarification

Tender clarification is a contracting authority's ability to ask suppliers to explain ambiguities, correct apparent errors, or supplement missing information in a tender submission. The purpose is to ensure tenders are evaluated on the correct basis — without giving the supplier an opportunity to improve their offer.

How does tender clarification work?

Under EU Directive 2014/24/EU, contracting authorities have the discretion to request that tenderers clarify or supplement information and documentation that appears to contain errors, ambiguities, or gaps. The request must be made in writing and typically within a short additional deadline.

The key limitation is that clarification must not result in the tender being improved. This flows directly from the prohibition on negotiation that applies in open and restricted procedures. Drawing the line between a lawful clarification and an unlawful negotiation remains one of the most contested issues in procurement law across the EU and EEA.

What can and cannot be clarified?

• Permissible: Questions already addressed in the tender that need elaboration — for example, contradictory delivery dates, or documents referenced but not actually enclosed.
• Not permissible: Matters the tender does not address at all. The authority cannot request new information that would strengthen the offer.
• Duty to clarify: Review bodies such as KOFA in Norway have established that a contracting authority may in certain cases have a duty to seek clarification — particularly where the ambiguity stems from the tender documents themselves, and rejection without asking would be disproportionate.

The European Court of Justice has confirmed that no general obligation to seek clarification exists under EU law. However, national legislation may grant contracting authorities discretion to do so — provided equal treatment is maintained and the clarification does not amount to a new bid.

Tools like Cobrief help suppliers stay on top of requirements in tender documents, reducing the need for clarification requests.

Tender clarification is a practical safeguard that prevents good offers from being rejected on technicalities. At the same time, the rules ensure no tenderer gains an unfair advantage by improving their submission after the deadline.