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Participation in a public tender as a vertical or horizontal grouping

  • 30/04/2019

The Plenary Assembly of the Council of State recognized the possibility for companies grouped in "horizontal" or "vertical" form to indicate the "parts" of the service each one respectively assumes in terms of content and / or quantity (see Plenary Meeting n. 12 of 2012).

The Council of State, sect. III, in the sentence of 24 April 2019, no. 2641, has steted that, where the violation of the qualification criteria set by the lex specialis is not disputed, the distribution of the services between the grouped companies, who are all responsible for the overall service, even in the case of "horizontal" grouping, can only be left to their organizational choices.

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