News
Vertical groups of operators: determination of principal and secondary tasks
- 03/01/2018
The “Consiglio di Stato”, with Judgment no. 5772 of 7th December 2017, has stated that a vertical group of economic operators may be admitted to a procurement procedure for the supply of products or the provision of services, provided that, in the contract notice, the contracting authority has previously determined the principal tasks and the secondary tasks.
Therefore, a participant in a procurement procedure is not allowed to freely establish the principal tasks and the ancillary tasks and then allocate them within a vertical group of operators.
The said ruling also avoids the evasion of the provisions on joint liability. Indeed, the liability of those participants which are assigned the secondary tasks is limited to the execution of their tasks only; instead, the tenderer which has to carry out the principal tasks is also jointly liable for the execution of the secondary ones.
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