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The principle of rotation in below threshold public procurements: remarks by the Special Commission

  • 20/02/2018

With Opinion delivered after the Meeting of 26th January 2018, the Special Commission of the Consiglio di Stato has examined the Guidelines on below threshold procedures drawn up by the ANAC and amending its previous Guidelines no. 4/2016.

With reference to the principle of rotation of awards and invitations, the Special Commission has observed that it is correct to distinguish between the position of the outgoing contractor and the position of the operator invited to take part in a previous procedure.  

Correctly, the ANAC has confirmed the exceptionality of the consultation of the outgoing contractor and has also stated that the operator invited to a previous procedure may be invited again, after motivation by the contracting authority, when there is a reasonable expectation about that operator’s suitability.

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