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A contracting authority can set a time limit for the filing of documents

  • 26/02/2018

With Judgment no. 738 of 5th February 2018, the Consiglio di Stato has stated that a contracting authority can impose a time limit for the transmission of documents which are necessary for the conclusion of the contract, even if that time limit is not expressly mentioned in the contract notice.

In the case at issue, the contracting authority, after the provisional award, had fixed a ten-day time limit for the transmission of the definitive guarantee.

According to the Consiglio di Stato, the provision of such a term avoids the excessive duration of the phase of the provisional award, as well as the postponement of the conclusion of the contract.

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