If a tenderer submits a bid in a public procurement procedure that includes a zero item, this does not automatically mean that such a bid should be excluded from the public procurement procedure. The contracting authority is obliged to first ask the tenderer for an explanation of the zero item. Only if the tenderer fails to provide a sufficient justification may the contracting authority proceed to exclude the tenderer's bid.
The logic behind this methodological guideline issued by the Public Procurement Office on October 31, 2025 (No. 13675-5000/2025) is based on the assumption that the contracting authority should also take into account the economic motivations of the tenderer. The tenderer has complete freedom in setting prices and may therefore list some items with a zero value, provided that they can adequately justify this. If the tenderer provides a convincing explanation at the request of the contracting authority as to why a particular item is valued at zero, this does not constitute grounds for excluding their tender. This applies even if the tender documents stipulate a ban on "zero" items.
A zero valuation may be justified, for example, if the service or material in question is included in another item or if it is goods that the tenderer already has in stock. Only if the tenderer fails to provide a sufficient explanation may the contracting authority proceed to exclude them. The assessment of the quality and relevance of the explanation is solely at the discretion of the contracting authority.
