Public procurement procedures: if manpower costs are lower than the minimum amount prescribed by law, direct exclusion is legit

  • 12/03/2019

The TAR Tuscany, section II, with the sentence no. 165 of 1.2.2019 stated the legitimacy of the direct exclusion, by the Contracting Authority, of the competitor whose offer included labor costs below the minimum required by the ministerial tables.

This power of exclusion is founded in art. 95, paragraph 10, of Legislative Decree no. 50/2016 as amended by art. 60, paragraph 1, lett. e), of Legislative Decree 19 April 2017, n. 56. The rule, in fact, states that "the contracting authority, with regard to labor costs, before the adjudication, proceed to verify compliance with the provisions of article 97, paragraph 5, letter d)" of the same D.Lgs no. 50/2016.


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