News
An anomalous tender requires the possibility of proper execution of a contract to be assessed
- 10/04/2018
By Judgment no. 1609 of 13th March 2018, the “Consiglio di Stato” has stated that, in the presence of an anomalous tender, a contracting authority has to assess the actual possibility for that economic operator to properly execute a contract at the proposed conditions.
A Judge cannot verify the appropriateness of a tender and of its entries. He can only evaluate the decision of the contracting authority under the aspects of the reasonableness and the adequacy.
With reference to the case at issue, the “Consiglio” has explained that an offer can’t be considered anomalous only because the cost of workforce was calculated according to values lower than those indicated in ministerial charts or collective agreements.
NEWS
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