News
A technical tender is valid even if documentation goes beyond the limit set by the contract notice
- 07/11/2016
In a procurement procedure, there is no breach of the equal treatment principle if one of the participants violates the limit set by the contract notice as regards the dimension of the file containing the tender.
This was the conclusion reached by TAR Toscana, with judgment no. 1524 of 24th October 2016, which made reference to ruling no. 3677 of 2012 delivered by “Consiglio di Stato”.
In the case under the scrutiny of TAR Toscana, the claimant complained that the winner of the procedure had not respected, in the submission of the technical tender, both the limit of 3 pages for the report and the limit of 20 mb for the file containing the tender. According to the claimant, this would have resulted in a breach of the equal treatment principle because the winner could have illustrated much better its technical tender.
Instead, the TAR rejected this position, on the basis that any reason for exclusion from a procedure has to be clearly predetermined. Therefore, submitting a tender (be it in writing or digital) whose dimensions go beyond those set by the contract notice does not constitute, in itself, a valid reason for exclusion.
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