News
Annulment of a procedure where the contract notice excessively restricts the number of participants
- 10/07/2017
When drawing up a contract notice, a contracting authority has to comply with the principles of free competition, reasonableness and proportionality.
On this issue, with Judgment no. 3110 of 26th June 2017, the “Consiglio di Stato” has annulled a procedure in that its contact notice had excessively restricted the number of potential participants.
Indeed, the contracting authority had called for a one-lot procedure which concerned many types of services, such as commodity, legal, strategic and organizational advice. Moreover, the contract notice requested that each participant had a very high total turnover.
Finally, the “Consiglio di Stato” has explained that when, such as in the case at issue, the requirements of a contract notice hinder or make it too difficult for someone to take part in a procedure, the interested person or entity has to immediately challenge that contract notice. Instead, there is no need for that person or entity to submit a formal request to participate in the procedure.
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