News
Public procurements: the interpretation of a tender is admissible under specific conditions
- 13/02/2018
The Consiglio di Stato, with Judgment no. 113 of 11th January 2018, has explained that in public procurement procedures, in which the rule of non-amendability of tenders applies, the contracting authority is nevertheless allowed, under specific conditions, to carry out an interpretative activity of the will of participants.
This aims at overcoming potential ambiguities related to the wording of the tender, provided that it is finally possible to ascertain the real scope of the contractual obligation assumed by the undertaking at issue.
The Consiglio di Stato has stated that, while carrying out this interpretative activity, the contracting authority cannot draw information from sources which are extraneous to the tender and it also cannot receive additional clarification directly from the participant.
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