How L1 is decided
In a two-bid tender, technical bids are opened first and evaluated against the eligibility and technical criteria. Only the bidders who qualify have their financial bids opened. The lowest evaluated price is L1, the next L2, and so on.
'Evaluated' matters: the comparison follows the tender's rules, for example total of item rates times quantities in an item-rate BOQ, or the percentage above or below the estimate in a percentage-rate tender, sometimes with loading for deviations or taxes.
When L1 does not win
The buyer may negotiate with L1, cancel and re-tender if L1 is far above the estimate, or ask L1 to justify an abnormally low bid. Under the MSE procurement policy, an MSE within 15% of L1 may be allowed to match L1's price for a share of the order in goods and services tenders. Consultancy contracts often use quality-and-cost based selection (QCBS) instead of pure L1.