News
An economic operator which restricts the use of subcontracting may be awarded an extra score
- 30/07/2018
By Judgment no. 578 of 11th May 2018, the TAR Piemonte has ruled that a contracting Authority can positively evaluate the circumstance that an economic operator restricts the use of subcontracting. It is then not contrary to the law the clause of a contract notice awarding an extra score to the tender of an operator which will not subcontract at all or which will subcontract only a small share of the contract.
Such clause is neither discriminatory nor contrary to the freedom of establishment or free competition. It only has the reasonable purpose of limiting the use of a way of execution of a contract which may create problems related also to the compliance with social security obligations on behalf of the subcontractor’s employees.
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