Judgment_paragraph 31 · Ministeriet for Forskning, Innovation og Videregående Uddannelser v Manova A/S (C-336/12)

31The principle of equal treatment and the obligation of transparency preclude any negotiation between the contracting authority and a tenderer during a public procurement procedure, which means that, as a general rule, a tender cannot be amended after it has been submitted, whether at the request of the contracting authority or at the request of the tenderer concerned. It follows that, where the contracting authority regards a tender as imprecise or as failing to meet the technical requirements of the tender specifications, it cannot require the tenderer to provide clarification (see, to that effect, Case C‑599/10 SAG ELV Slovensko and Others [2012] ECR, paragraphs 36 and 37).