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Exclusion from a procurement procedure when a previous exclusion is not declared
- 02/10/2017
Failing to declare the exclusion from a previous public procurement procedure for “fiscal (ir)regularities”, determines the exclusion from a procedure, pursuant to art. 80, paragraph 5, Legislative Decree no. 50/2016.
On this point, with Judgment no. 4532 of 27th September 2017, the TAR Campania has explained that the economic operator at issue should have mentioned that previous exclusion to the contracting authority. This would have allowed the contacting authority itself to establish whether or not that exclusion was due to having provided "false or misleading information that may have an influence on decisions concerning exclusion, selection or award", or to having omitted "information which is necessary for the regularity of the selection process".
Therefore, failing to make that declaration, even if concerning events happened before the execution of the contract, constitutes a ground for exclusion from the procedure, because such conduct reveals the professional unreliability of the undertaking at issue.
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