News
Public procurements: the length of the operations does not vitiate the procedure
- 26/03/2018
The principle of continuity of operations in a public procedure can be derogated when particular situations hinder the completion of the operations in a single day, provided that the secrecy and the integrity of tenders is guaranteed.
With Judgment no. 1335 of 5th March 2018, the “Consiglio di Stato” has stated that the length of the operations in a public procedure, as well as an incomplete report on the operations related to the safeguard of the envelopes containing the tenders, cannot automatically vitiate the whole procedure.
Therefore, a participant who intends to claim the lack of transparency in a procedure or the fraudulent alteration of the said envelopes has to prove the existence of facts and elements which can actually compromise the correctness of the selection at issue.
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