News
In “below-threshold” public procurement procedures, it is not compulsory that the President of the jury be a person independent of the contracting authority
- 26/09/2016
The guidelines issued by A.N.A.C. (National Anti-Corruption Authority) on 4th July 2016, stated that also in “below-threshold” public procurement procedures (with a value of less than 5.2 million euros with regard to works, and 209,000 euros as to services), the office of President of the jury has to be assigned to a person independent of the contracting authority, enrolled in a list of experts kept by A.N.A.C.
Nevertheless, with counsel given on 13th September 2016, no. 1903, the administrative appeals tribunal (Consiglio di Stato) has maintained that, even if the said provision guarantees a higher transparency, it contrasts with the new Public Procurement Code. Indeed, the new code requires the appointment of external juries only for “over-threshold” contracts.
Therefore, the appointment of an external President may not be considered compulsory in “below-threshold” procedures.
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