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Public tender procedure: committed crimes are relevant for the purpose of exclusion

  • 13/11/2018

The Council of State with Sentence n. 6061 of October 22, 2018 stated that among the relevant convictions pursuant to art. 80, paragraph 3, of the Code of Public Contracts, for the purposes of exclusion from the tender, not only those specifically listed in paragraphs 1 and 2 of the article, but also those incidents, pursuant to paragraph 5 below, on the reliability of the company: in particular, among these must also include those cases of crime already listed in Article 38 of the legislative Decree n. 163 of 2006.

The moment for the adoption of the self-cleaning measures and their attachment to the contracting authority is anchored to the deadline for submission of offers, assuming no relevance to the subjective states of good or bad faith, knowledge or ignorance of the cause of exclusion from part of the economic operator.

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