News
The expiry of the DURC does not determine the exclusion from the procurement procedure
- 20/11/2017
With Judgment no. 4506 of 26th September 2017, the “Consiglio di Stato” has ruled that an economic operator cannot be excluded from a procurement procedure in a case when that operator had submitted to the contracting authority a DURC (a certificate proving the regular payment of social contributions) which was valid at the time of submission but had expired before the deadline for the presentation of tenders.
In such a case, the “Consiglio di Stato” has explained that no violation of the provision of article 38, paragraph 1, lett. i), of Legislative Decree no. 163/2006 was committed. There was only an uncertainty about the ongoing compliance with that requirement at the time of the deadline for the filing of offers.
Therefore, the jury will invite the undertaking at issue to update the DURC and to submit it again within a determined date.
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