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An undertaking can be excluded from a procurement procedure if its offer contains a false statement

  • 15/01/2018

With Judgment no. 11161 of 11th November 2017, the TAR Lazio has ruled that a contracting authority can exclude an undertaking from a procurement procedure if the offer filed by that undertaking contains a false statement.

In particular, the Jury had ascertained that, contrary to what had been declared in the offer, an essential requirement was lacking in the product of that participant.

In the case at issue, article 80, paragraph 5, c), of the Italian Public Procurement Code (Legislative Decree no. 50/2016) was to be applied, where it provides that filing false or misleading information, suitable to influence the decision on the award of a contract, constitutes a valid ground for the exclusion of an operator from a procurement procedure.

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