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The company that lacks of the qualification required, to an extent corresponding to its share of work, causes the exclusion of the RTI from the tender.

  • 15/04/2019

“Adunanza Plenaria” (Cons. St., A. P., 27 March 2019, n. 6)  has recently stated that "according to art. 92, paragraph 2, d.P.R. 5 October 2010 n. 207, if one of the companies that is part of a temporary grouping,  at the time of submitting the offer, lacks of the qualifications required for its part of work, this causes the exclusion of the entire grouping from the offer, even if the difference is minimal and also in the case the grouping as a whole (or another of the companies of the same) has the qualification for the execution of the work”.

The Court affirms that the function of the qualification requisites is to prove the bidders’ reliability, in order to defend the public interest. The non-correspondence between requirements and the share of the work to be performed isn’t just a formal inaccuracy but a substantial infringement.

The access to tenders is certainly free for all the subjects who meet the requirements for participation.

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