Can a bid be corrected after the submission dadline?
The case
On 25 March 2024, the University of Magna Graecia in Catanzaro launched an open tender for the provision of IT technical support and the shared management of teaching rooms. Only two economic operators submitted bids.During the verification of the administrative documentation, the tender committee noted that one of the bidders had incorrectly filled in the ESPD (European Single Procurement Document), declaring—mistakenly—that they had submitted false statements.In response, the committee activated the procedural remedy known as soccorso istruttorio (remedial assistance), and following a positive outcome, awarded the contract to that same bidder.A legal challenge was subsequently brought against the award decision, citing Article 14 of the tender regulations, which stated that "failure to meet the mandatory participation requirements cannot be remedied through procedural assistance and shall result in exclusion from the procurement procedure."However, the Council of State, in judgment no. 8171/2024, rejected the claimant’s arguments. Reasons for the decisionAccording to the judges, in line with the constitutional principle of sound public administration, the contracting authority is obliged—during the tender process—to engage in procedural assistance (e.g. by requesting clarifications), in order to avoid unjustified exclusions, and to uphold the principle of favor partecipationis (promoting broad participation).In any case, in instances of material errors, Article 101(4) of Legislative Decree No. 36/2023 expressly allows the economic operator to request a correction to its offer even after the submission deadline, provided that: such correction does not amount to submitting a new offer or materially altering the original one; and the principle of anonymity is preserved throughout the procedure. Further references:- Council of State, Section VII, Judgment No. 5392/2025- Regional Administrative Tribunal (TAR) of Calabria, Catanzaro, Judgment No. 259/2025- Article 101(4), Legislative Decree No. 36/2023
