Imagine a public tender or an open procedure. You have exactly one shot. When pricing the tender, you notice that certain designs “don’t work”. They are technically impossible or economically pointless.
What to do?
Often enough, the contractor proceeds as follows: One day before the deadline for submitting bids, he writes a letter pointing out the problems. And encloses it with his offer. He quotes 1.00 euro or sometimes even 0.00 euro as the unit price.
You have just read it. Don’t. If you have a problem with the default, contest it. And do it in good time, i.e. a few days before the bid submission deadline. If possible, via the respective procurement portal used. A complaint “in the bid” is often late.
What is it anyway?
One can also ask the further question (depending on the individual case): Is this even a (probably) late complaint or not already an amendment of the LV or also a mixed calculation, after all you offer strange unit prices? You see, this thing is not going to turn out well.
Plan for a time buffer when processing quotes. If possible, do not reprimand “on offer”. And if you complain, then complain, and do so explicitly and in connection with a request for remedy under the setting of a deadline.
*This legal tip is not a substitute for legal advice in individual cases. By its very nature, it is incomplete, nor is it specific to your case, and it also represents a snapshot in time, as legal principles and case law change over time. It cannot and does not cover all conceivable constellations, serves entertainment and initial orientation purposes and is intended to motivate you to clarify legal issues at an early stage, but not to discourage you from doing so.